A provisional patent application is a stepping stone toward a utility patent. The point of the provisional application is to establish priority for you.
If you file a utility patent application (or non-provisional patent application) within one year of filing the provisional application, you will get the benefit of priority from that first, provisional filing date. Provisional patents must be written correctly for effective protection.
A provisional patent application is a somewhat abbreviated application, but it must contain enough information that the invention is described in the right way to effectively drop anchor at the patent office to firmly establish that you have come up with this idea.
We can help you use the provisional patent as part of a patent strategy.
There are many ways to use the provisional patent for your benefit.One effective strategy for using a provisional application is to establish your priority at the patent office at a lower cost that that of a full utility application, so that you can go out with the idea, talk to people about it, and see if it’s worth the investment to file the full utility patent application.
What is does “patent pending” mean?
Patent pending means that someone has filed for a patent on an invention and is waiting to see if the patent is granted.
Once you file a provisional application or utility application, you can start using the term “patent pending” on your products/services or literature (brochures, manuals.
While your patent application is pending (after the patent application is filed but before the patent is granted) you will have patent pending status. You are not required to wait until you obtain a patent to start exploiting (making, marking, selling, licensing, etc.) your invention. You can begin doing so after the patent application is filed, as long as the patent application fully describes and covers all the elements of your invention that you intend to disclose and use publicly.