What you’ll discover:
It is not always feasible to submit all of the documentation required for a comprehensive patent application before an invention’s patentability expires. Thankfully, the United States Patent and Trademark Office (USPTO) allows you to file a provisional, or less difficult, patent application. A Provisional Patent Application is also intended to provide patent protection in situations where an invention is about to be disclosed to the public, in order to prevent such disclosure from jeopardizing the invention’s patentability abroad or to preserve the inventor’s rights in the United States. This application type is exclusively accessible for utility patents.
When you’ve completed the application, the following step is to submit it to the USPTO. You must file the application within 12 months of the invention’s public disclosure (regardless of whether it was sold, publicly demonstrated, or simply described in a publication). Otherwise, you will lose your right to patent the idea. To prevent surcharges, be sure you pay any related fees in advance. The charge will vary depending on whether you are categorized as a major, small, or micro organization. Big businesses must pay the whole amount, whilst tiny and micro companies must pay a percentage of the regular rate.
