When You Should File Provisional And Non-Provisional Patent Applications For Your Invention

When To Consider A Patent (Or Provisional Patent Application) For Your Invention

Whether you are new to the world of inventing or you’ve had ideas in the past, the most important thing to remember is: You need protection if you want your idea or invention to ultimately succeed. ​

Before looking into protecting your idea, if you're not quite sure that it is in fact a potential invention, answer this question:

​Is your idea a product or process that is a solution to a specific problem?

​Yes?  Invention!

​Unless someone else patented it. Read on...
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First You'll Need To Understand What A Patent Is

Patents, Explained...

Definitively, a patent is a government issued authority that grants a property right to its holder; it gives exclusive rights or title to the patented product for a specific period of time. 

Often this grants, by law, the sole right to exclude others from making, using, offering for sale, or selling your invention.

Ultimately, protection for the proprietor of an idea (if the idea is developed enough) or invention is what a patent does.

​However, it's extremely important to remember that no government agency will enforce this patent for you - it is the responsibility of the inventor as the patentee to enforce his or her own patent.

​So even when you get your patent, be careful about what you say, be cautious about who you talk in depth about it to, and be weary of what’s happening around you. You are your own investigator!
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When Should You Get A Patent For Your Invention?

Picture it: You run up the stairs from your basement workshop, practically tripping, fly into the kitchen and tell your spouse, “I’ve done it! I’ve created a new and improved way for soldiers to fly over enemy headquarters!”

...or created the gum that brushes your teeth with no toothbrush, or a car seat that is safe with no belts...you get it...

What do you do now?

Do you tell a friend?

Do you tell the world when you have a new invention to enhance it?

Do you start applying to Shark Tank?

Slow down, good friend. Time to employ some business smarts.

​Your idea or your invention is quite possibly an opportunity to change your life - and the lives of others.

But it’s a business opportunity as well, and you have to think of it as one.  

That means you need to vet your idea out fully, flesh out a business plan, think about marketing, understand what other products might in the market in the same field of competition, and conduct deep research before you actually apply for a patent.

Remember, the patent takes time and money to secure - you want to be sure it’s a worthwhile investment. The upfront legwork saves you time in the long run.
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How Long Does A Patent Last? How Long Does It Take To Get A Patent?

​Patents are most often granted for 20 years.

As an inventor you should always remember that it takes some time to get a patent, usually close to three years (the average is 32 months), so you might want to set your clock a little in advance of your expiration date to renew the patent after you have the first - especially if your idea or invention takes off!

If you’ve exhausted all the preliminary research and you’re ready to patent protect your idea or invention, you might be thinking about this question: If it takes so long to get a patent, what do I do while I’m waiting?

Even though getting a patent takes a fairly long time, you can get protected early by filing for a provisional patent application (PPA). 
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What Is A Provisional Patent Application?

A provisional patent application, or PPA, stakes claim to your idea, allowing you to begin the patent process (and start making money off of your idea!).

A provisional patent application allows you to file without a formal patent claim, oath or declaration, or any information disclosure (prior art) statement.

PPAs were initially instituted to serve as a lower-cost option for inventors.

The goal is to help inventors establish an early effective filing date on a later-filed nonprovisional patent application; this is where you hear the term "patent pending" coming from.

The PPA lasts for 12 months from the date the application is filed; this cannot be extended so you must file your patent application within the 12 month period.

We’ll dig further into the PPA in a later post, but so you have some preliminary thoughts on why they’re a good idea, there are three major advantages in applying for a provisional patent.
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Advantages Of Provisional Patent Application (PPA)
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Advantage #1 of a PPA:

The filing fee is very inexpensive as a barrier to entry. Currently, with the USPTO (United States Patent and Trademark Office), the highest cost or fee to file is $280; it goes down from there based on how you file and what your patent is.
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Advantage #2 of a PPA:

The truth is, the initial invention or idea you have will likely change by the time it goes to production or manufacturing and hits the market.

​Provisional patents give you some flexibility to iterate, change and develop on your idea.
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Advantage #3 of a PPA:

The PPA establishes your official filing date with the USPTO. It gives you a 12 month head start, and should any issues or disputes arise of ownership of your idea, your protection is much greater.

​Remember, the United States employs a “first to file” policy, not “first to invent" - this is your key to protection while you continue to refine and work on your invention.
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PPA Help - Free

Are You Ready To File For A Patent?

As a quick summary, you want to file for a patent if you truly believe that you understand the full development lifecycle of your idea, have data-driven decisions about its viability in market, and hold a well derived business and marketing plan to ensure your product’s success.

If that checklist is complete, then you’re ready - and we can help!

Article: Are you ready to file your patent application?
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As an inventor, you sit in a bucket of unique and special individuals, smart and dedicated enough to change the way to world works.

​We’re here to make sure that while you’re tucked away making a difference, someone is looking out for your best interest.

The truth is that filing a patent application is an exercise that needs meticulous attention paid to detail. You'll need to invest a considerable amount of time into getting it just right. What goes on your patent application becomes the patent.

For the details on how to file your application, we've listed out what you'll need here. If you want help, just click the red button below to get started.

Best of luck with your idea, and here’s to your future success... Happy inventing!

Free patent application help