Initiating a startup can be tedious. They are curated out of ideas, creativity, innovation and talent. Perhaps, the most important step in getting an idea from being just that, to a reality is making sure the idea is protected. This ensures that inventors do not get their creations imitated or used without their consent, by taking little help from Intellectual Property (IP). The first method which a startup can use to protect its assets is through seeking what is referred to as Provisional patents.
Here on our blog, we will discuss the following aspects of provisional patents:
– What are they?
– Why are they essential for startups?
– How to file them?
– Which documents are needed? and
– What are the benefits associated with them?
We will also explain what to do after a provisional patent has been filed and how this whole process contributes to strategic business planning for new successful ventures.
⦿ What is a Provisional Patent?
A provisional patent is a preliminary application which creates a ‘priority date’ for a patent (Priority date is the earliest date when an invention was first filed with a patent office). In its simplest form, it is a way for inventors to get the date of invention secured and save the patent of the invention without necessarily having to submit a full patent before filing. Usually, a provisional patent is not an examined patent, and no actual patent is granted to inventors or their assignees. Nevertheless, they are essential when it comes to protection of inventions and
they allow inventors to arrive at more advanced developments than those which accompany descriptive provisional applications.
A provisional patent allows the inventor twelve months (12) to consider whether or not he or she wishes to file a full Patent Application. In this period the inventor can continue testing, modifying or developing his product and simply refer to “Patent Pending” on his product which still acts as notice to those that may like to copy it.
⦿ Why File a Provisional Patent?
For startups, filing a provisional patent provides several key advantages:
• Cost-Effective Option for Startups: Filing a provisional patent is far much cheaper than having a non-provisional patent otherwise known as a full application. This is especially advantageous for a startup since you can file an application to protect your invention while using little capital.
• Secures Priority Date: A provisional patent sets a date for filing of the invention. As it operates within the context of patents, the first person who aims at a certain invention has a priority over others including if he or she has filed the papers years later. This means that by applying for a provisional patent, you get a place in the first in line list.
• “Patent Pending” Status: Once a provisional patent is filed, you put your invention in a legal protection category referred to as ‘patentpending’. It is good for marketing since any investor, partner or competitor will begin to see you as serious in the protection of your invention and know that soon you may have patented it.
• Time to Refine and Develop: A provisional patent is valid for 12 months. This leaves you with enough time to enhance and improve on the invention further more. This period of time permits you to dive deeper into studies, research and experiments, being confident in the absence of any threats looming for your idea.
• Easy to File: It is generally understood that filing a provisional patent is simpler, and indeed less rigorous than filing for a non-provisional patent. It is not obligatory to advance claims or detailed proposals of that kind of drawings which has added advantage.
⦿ How to File a Provisional Patent: Step-by-Step Guide
It is easy to file a provisional patent, but it consists of several stages. Here’s a breakdown of the process:
1.A Guide to the Preparation of an Invention Disclosure:
The first thing in applying for a provisional patent is to write down all that is related to the invention. This is called an
invention disclosure. An invention disclosure can be thought of
as a proposal to make an invention. The disclosure should include:
• A technical account of how the invention functions and what impact it has on society.
• Diagrams or drawings where one is applicable.
• Changes or additions made to the existing inventory of products or current state of the technologies.
• The purpose where the invention is meant to be utilized.
The more you provide in your invention disclosure and the clearer it is, the stronger the protection of your invention will be.
2.Fill the Provisional Patent Application:
A provisional patent Patent Application:
• Title of the invention: A short unambiguous heading that alone would read like the title of your invention.
• Background of the invention: A description of the modern issue which your invention will address, as well as the existing solutions.
• Detailed description: A detailed description on one hand of its invention, how it operates and on the other hand the rationale for its innovation.
• Drawings/Diagrams: In the case it is relevant, offer illustrations of your invention. These assist the examiner recognize the invention and can be demanded farther epoch when the full patent is filed.
More significantly, it should be noted that where a provisional application is filed, no claims are necessary which makes the procedure less cumbersome for the inventor.
3.File with the Patent Office
Once your provisional Patent Application is duly filled, you can file your provisional Patent Application with your local patent office. The method of filing a provisional patent is more or less the same in many countries around the world. You are then required to fill some forms duly concluding with the filing fees.
4. Receive Your Filing Confirmation
When you have filed your provisional patent application, the patent office will send you a confirmation that your filing has been done. But it is just the beginning. Non-provisional patent applications should be filed within one year to ensure you get full protection for your idea.
⦿ Documents Required for Filing a Provisional Patent
When filing a provisional patent, you will need to submit the following documents:
1. Invention Disclosure: A description of the invention and how it will function; Other aspects related with the invention of technology and products.
2.Drawings/Diagrams: A description of how your invention
looks if it can be seen; drawings or sketches of the invention.
3.Provisional Patent Application: The online form with the specifications and the information required in it (including the title, background, description, etc.).
4.Filing Fees: The fee that one needs to pay in order to fill the PPA or provisional patent application.
⦿ Advantages of Filing a Provisional Patent:
1.Cost-Effective Solution: As earlier noted, it will cost less to file a provisional patent than to file a non-provisional patent. This is especially important for startup businesses that may not afford to hire expensive lawyers.
2.It is time to better your invention: The 12 month window post filing a provisional patent enables you to refine your product even further. One can incorporate, conduct initial research, design and build a prototype, approach investors in search of funding whilst being fully aware that your idea is shielded.
3.Easier to Attract Investors: Having this proves to the potential investors that the startup is willing to protect the innovative ideas that the startup is developing. This can put your business in a vantage point in competing for scarce resources in terms of capital.
4. If you file an application that is a provisional patent then you can determine in twelve months whether or not you wish to follow that up with a non-provisional patent application. This means that you can design your invention following this process then drop the process when you do not want to undertake a full patent application.
⦿ Next Steps After Filing a Provisional Patent:
Once you’ve filed a provisional patent, here’s what you should do next:
• It is also a good time to develop and test the invention further as the risks involved when taking on challenges differ from those involved when finalizing. So within the next 12 months, you should perfect and build up your product. This is the time to know that your invention is capable of working and ready for the market.
• This application will still need more detail and, for example, writing of claims that will set borders to the idea of invention.
• As you await the time to file a non-provisional application ensure that they are aware of their rivals and the market. Your priority date will allow you to protect from another similar patent filed by someone else.
• If you have successfully safeguarded your invention, begin embarking on the marketing and sales of your product. This is when you can fly in the investor and partners who are seeking to invest in innovative technologies.
⦿ Conclusion
To enhance the guard of the knowledge as a value, IP protection is a good process in the process of starting up for startups. Filing of a provisional patent is also relatively cheap and if you are strategic, it offers you an early priority date. It offers time for the improvement of the product, searching for investors and key business decisions, and not to speak about competitors, who might steal your idea.
It is only when the key measures provided in the article above are adhered to that it’s possible for the startup to proceed with the knowledge that their innovations are legally shielded through provisional patents.
Ready to protect your innovative ideas and drive your startup’s growth? Let us handle your provisional patent filing .
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About the Author
Swaroopa Saxena is a Patent Associate at Intellect Bastion, specializing in Intellectual Property rights. With a strong foundation in biotechnology, she is passionate about helping innovators protect their ideas and navigate the complexities of patent filing and prosecution. Their expertise bridges science and law, empowering clients to maximize the value of their innovations.
