PPA that is a provisional patent application is a type of temporary application that can be used by a patent applicant to make sure about a documenting date while avoiding the expenses related to the recording and charges of a non-provisional patent application. Specifically, when a non-provisional application is documented inside one year from the recording date of PPA, the non-provisional application may guarantee the advantage of the documentation date of PPA. As the PPA isn’t inspected, a candidate can likewise stay away from the expenses regularly connected with nonprovisional patent charges for example certain lawyer charges, etc for a year while deciding that their innovation is financially reasonable. Moreover taking facts in the account as a PPA is not made public until and unless its application number is recorded in a later published application or patent If by any chance the applicant fails to file a non-provisional application based on their PPA it will not lead to any public discloser of their invention. Filing a PPA is important as it provides a one-year extension, which provides the applicant with an additional year to experiment, make a perfect invention, find someone for financial backups, do research, identify sales potential, enquire about interested parties for licencing, etc. Filing dates are important as unless an inventor provides with evidence that “yes” their invention was in reality made earlier than the application filing date, the filing dates are presented as the date prior to publications, public use, and sales which may represent as “prior art” against that invention. The prior art is usually used by the patent offices to identify exactly whether that invention is really new and non-obvious, which implies the applicants will secure the nearest or earliest filing dates for their invention so that they can avoid “prior art”.
Further in the article we will discuss that how long a provisional application lasts, as discussed above it is clear that the provisional patent application will last for exactly one year from the day it is filed, which means an applicant has one year so they can follow up and file a non-provisional patent application. But still there are always doubts that comes to one’s mind that is the ending date of a provisional patent application falls on a say weekend or on a public or national holiday, then what happens? What if one misses the expiration date and did not file a complete non-provisional patent application? To answer these questions lets take into account a simple scenario where in Mr John files a provisional patent application and before it expires in one year , he files a non-provisional patent application so that the provisional application date can be used. Now if he filed the provisional patent application say on date 4th October 2019 , he is required to file the nonprovisional patent application by 4th October 2020. If he does so the non-provisional patent application will allow him to inherit the 4th October 2019 date saved by the provisional patent application. In case the one year expiration date of the provisional patent application falls on a weekend or on a public or national holiday you can directly file the non-provisional patent application on the next coming business day and still can manage to inherit the date saved by the provisional patent application. A fundamental rule to always keep in mind is one cannot renew a provisional patent application, in case more time is required to file a non-provisional patent application , one can only extend the provisional patent application by filing a PCT patent application which has a pretty higher cost. Else as an alternative one has to file a new provisional patent application and get new dates which has higher risks. Even if you file a new provisional patent application with new date, the old date will still be lost. Your place in the que of Patent Office will be also pushed further back as now you have a new date.
How to go through a provisional application in 5 easy syteps:
Stage 1 – DEFINE YOUR IDEA!
What makes your thought exceptional?
Before you leave on your patent excursion, you’ll need to obviously characterize your thought. The objective of characterizing your thought is to make sense of whether your thought is patent commendable.
Characterizing your thought implies addressing the accompanying inquiries:
• What makes your thought extraordinary?
• What is the motivation behind your thought?
• Why is your thought better than the a large number of thoughts out there?
We propose that you record your thought, utilizing just a couple of sentences. Does your thought appear to stick out? All together for a plan to be regarded “patent-commendable,” it must be novel and one of a kind.
It’s alright in the event that you haven’t completely worked out a model yet, yet you ought to be 100% sure that your thought is novel and one of a kind when contrasted with contenders. Recollect your clients. Similar reasons that clients should purchase your item (and not contender items) are similar reasons why your thought is one of a kind and patent commendable.
Stage 2 – CONDUCT A PATENT SEARCH
It pays to realize whether you’re the first to patent.
Patent hunts are a vital part of the temporary patent procedure. Prior to plunging further into the temporary patent application, it asks you to make a stride back and take a gander at the fantastic plan of your serious scene. That way, you know precisely who has patented what thought in your industry—and you’ll spare yourself from any terrible shocks not far off (otherwise known as discovering that your thought has just been patented by a contender).
Being the first to patent is significant in the temporary patent procedure. Straightforward: If another person has just patented your thought, at that point you can’t make a difference for a patent. Obviously, so as to know whether your thought has been patented, you’ll should be set up to lead a careful inquiry. A patent hunt comprises of a customary Google search, a Google Patent inquiry, and a scholastic pursuit of distributed works. To get the most ideal outcomes from your inquiry, pick explicit and exact watchwords. A patent operator can assist you with figuring out which catchphrases to remember for your inquiry.
Prepared, set, search!
Stage 3 – COLLABORATE
The patent world is simpler to explore with companions.
Do you appreciate organization? Shouldn’t something be said about perusing wordy authoritative reports? That is the thing that we thought…
There’s no disgrace in requesting help. Actually, coordinated effort improves the world a spot—and the equivalent is valid for discovering help to document your temporary patent. A patent master can assist you with increasing a prior documenting date (which is invaluable in the patent game), can keep steady over the patent desk work, and even draft the language in your temporary patent application—all with the objective of making your application procedure as smooth as could be expected under the circumstances.
Be that as it may, not every single patent master is made the equivalent. The perfect patent master comprehends both the lawful side of patents and the innovation that customers are attempting to patent. Furthermore, it’s elusive a patent master who comprehends both lawful and mechanical terms. In addition, many patent specialists charge hourly legitimate expenses which can mean a colossal bill.
Stage 4 – PREPARE YOUR TEXT AND DRAWINGS
You don’t should be the one following Picasso, yet you do need to submit content and drawings with your patent application.
While you don’t have to compose a whole novel or paint a wonderful composition for patent analysts, you ought to be set up to present a spread page, composed subtleties on your thought, and going with drawings that help show how your thought functions. Despite the fact that drawings are discretionary, it’s useful to give setting to your thought. Everything about custom checks while setting up your patent application.
Drawings are dependent upon your thought’s class (so indeed, it would be ideal if you don’t hesitate to counsel us to comprehend what classification your thought falls under). In the event that you’re comfortable with white boarding your thought for individual pioneers, at that point you’re as of now destined for success in setting up your patent drawings. Would you be able to draw a case, line, bolt, and intermittent fleecy cloud? At that point, congrats—your imaginative aptitudes qualify you to finish patent drawings! Regardless of whether you’re really great craftsman on the planet, drawings alone aren’t sufficient to completely depict your thought. An image might merit a thousand words, however in the realm of patents, an image isn’t sufficient. A temporary patent application additionally needs to incorporate a content portrayal of your thought. The drawings in addition to content will give the full story of your plan to patent inspectors.
Stage 5 – Hit submit on your thought, share your patent-pending status, and celebrate!
Allow the festivals to start!
When you hit submit on your thought, you can impart your plan to others by utilizing the expression “patent-pending.” And the incredible news? Financial specialists love to see the term patent-pending close to thoughts. While you’re caught up with celebrating, recall that you have as long as 1 year to transform your temporary patent into a full patent, or probably the patent terminates. Be that as it may, when you get your full patent, your temporary will give you the additional advantage of having a prior recording date (which means you have longer patent assurance). What’s more, you’ve just placed in the work into your temporary application—so the full patent application will be a lot simpler. Temporary patents are the beginning stage for progress for some new companies and can help hoist your status among financial specialists. Recording a patent application ordinarily expands the estimation of a start-up by $1 million! By recording your temporary application, you likewise have the additional security of having a documenting date. Well, that is a valid justification to celebrate!