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October 2009 Master.qxp 9/15/09 barristers tips 11:48 AM Page 9 BY SHELLEY M. COBOS The Risks of Provisional Patent Applications for Inventors and Startups IN 1995, THE U.S. PATENT AND TRADEMARK OFFICE.

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A provisional operation doesn't have the entire content of the invention to be examined and hence can not be rejected nor can a patent be granted slightly on the base of the provisional specification. A provisional specification is thus a placeholder that gets the precedence date for the invention.

Pursuing patent protection can take a long time and can be expensive. Some patent offices can take years after filing to initiate substantive examination of a new patent application, and, despite the time and expense, there is no guarantee that any patent ultimately will be granted.

Provisional applications, on the other hand, are not examined, and thus there is no requirement to include claims. Nevertheless, including claims in a provisional application can provide several benefits.

Consequently, the filing of a provisional application delays the patent examination process. Provisional applications may not support the broadest claims for an invention. As a result, later-filed claims in the utility application may not be entitled to the priority date of the original.

Once a provisional patent application is filed, the applicant then has up to one year to decide whether to proceed with obtaining a patent. This 1-year period allows applicants to take on several tasks important to the commercial process, which might include: Investigating market potential. Finding investors.

How long does it take to get a provisional patent? While the timeline for getting your application approved will vary, it typically takes around six months from start to finish. It's important that you understand what goes into obtaining this type of patent so you can plan ingly and get your idea protected.

A nonprovisional patent application is normally considered the "regular" utility patent application. It's what you file to get the USPTO to review your utility application and grant your patent. A provisional patent application, on the other hand, does not get reviewed.

Fees vary by entity type: micro ($60), small ($120), and large ($300). Most file as micro or small. We'll help determine your type once you start.

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© Copyright 1997-2025
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Form Packages
Adoption
Bankruptcy
Contractors
Divorce
Home Sales
Employment
Identity Theft
Incorporation
Landlord Tenant
Living Trust
Name Change
Personal Planning
Small Business
Wills & Estates
Packages A-Z
Form Categories
Affidavits
Bankruptcy
Bill of Sale
Corporate - LLC
Divorce
Employment
Identity Theft
Internet Technology
Landlord Tenant
Living Wills
Name Change
Power of Attorney
Real Estate
Small Estates
Wills
All Forms
Forms A-Z
Form Library
Customer Service
Terms of Service
DMCA Policy
About Us
Blog
Affiliates
Contact Us
Privacy Notice
Delete My Account
Site Map
Industries
Forms in Spanish
Localized Forms
State-specific Forms
Forms Kit
Legal Guides
Real Estate Handbook
All Guides
Prepared for You
Notarize
Incorporation services
Our Customers
For Consumers
For Small Business
For Attorneys
Our Sites
US Legal Forms
USLegal
FormsPass
pdfFiller
signNow
airSlate workflows
DocHub
Instapage
Social Media
Call us now toll free:
1-877-389-0141
As seen in:
  • USA Today logo picture
  • CBC News logo picture
  • LA Times logo picture
  • The Washington Post logo picture
  • AP logo picture
  • Forbes logo picture
© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232