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What is a Provisional Patent Application?
We often find ourselves playing with a new and exciting idea which also
possesses a good business opportunity, but we let it fade away due to the
expected high expense of applying for a patent. But many of us are not aware
of a very inexpensive option of submitting a provisional application in the USA (fees of
$110
for small entities,
as of October, 2008). This procedure secures your novel idea, keeps it
concealed for
at least 12 months and gives you enough time to get investments
in, as well as do a feasibility study.
n 1995, the US Patent Office has introduced some significant changes to the
rules concerning patents:
-
Granted
patents expire 20 years after filing, rather than 17 years after being
allowed.
-
They
introduced the notion of a Provisional Application:
-
Anyone can
apply.
-
You get a
priority date secured.
-
You get an
application number.
-
You get the right to claim "patent pending".
-
Your
application is concealed for at least 12 full months. Thus, you have 12 months to "test the water":
-
It carries a very small application fee: $110 for a small entity
(typically, entities with less than 500 employees) and $220 for large entities (as of October, 2008).
-
A patent application is kept undisclosed for 18 months from the filing date,
assuming a full application is filed within 12 month. If not filed - the
Provisional Application remains unpublished (and hence, optionally, can be
filed again (with a new filing date).
An ordinary patent has a well defined structure and
contains predefined sections: abstract, field of invention, summary of
invention, detailed description of the invention, drawings as needed and most
important the claims.
A Provisional Application requires only the detailed
description of the invention and drawings as needed. These two sections
cannot be changed in the future, without loosing the rights of the filing
date.
We recommend to write all the sections in advance
(except for all of the claims),
although, typically, they can be added or changed later on, without impairing the rights of the
filing date.
The composer of an application should be
acquainted with the art of writing a patent, know the fine structure and wording
of a patent and rules of submitting a patent. This is essential in order
to preserve the validity of its content at a later date.
If your product is designated to the US market and or the rest
of the world, it is often recommended to proceed with an International
Application (Patent Cooperation Treaty known as PCT).
Such a move "buys" you an examination and an additional 18 months
extension (30 months altogether), after which you must file per country,
in what is known as the national phase.
You can then apply in any one of the countries which signed the
treaty when the application was made (Over 120 members).
Often, filing in foreign countries not only increases your patent protection but also
increases the market value of your idea.
Links
Links in Hebrew:
חיפוש פטנטים:
http://www.patentim1.com
חיפוש פטנטים:
http://www.new-tone.co.il
המכון ליצוא:
http://www.export.gov.il/_Articles/Article.asp?ArticleID=821&CategoryID=50&Page=1
רשות הפטנטים:
http://www.justice.gov.il/MOJHeb/RashamHaptentim/
Links in English:
http://www.uspto.gov/web/offices/pac/provapp.htm
http://www.uspto.gov/go/fees/fee2004apr01.htm
http://www.bpmlegal.com/provapp.html
http://www.uspto.gov/patents/process/search/index.jsp
http://tess2.uspto.gov/bin/gate.exe?f=searchss&state=4009:98fhph.1.1
http://ep.espacenet.com/quickSearch?locale=en_EP
http://www.wipo.int/patentscope/en/
Contact Information
Tel:
+972 (0)3 9326393
Mobil phone: +972 (0)52 8034653
Fax:
+972 (0)3 9093614
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