Filing a provisional patent application (PPA) is a proactive effort that can help inventors and innovative businesses secure a much earlier non-provisional patent filing date than they might otherwise be able to benefit from. Taking this step can be worth the effort for many inventors and businesses, although there are times when this opportunity isn’t available; namely when submitting design patent applications.
While filing a provisional patent application doesn’t result in an issued patent, it offers several advantages, especially for inventors looking to secure their rights and buy time.
Important considerations
One of the main reasons why it is generally a good idea to file a PPA within the year leading up to the submission of a non-provisional patent application concerning the same invention is that doing so can establish an early filing date for the invention at issue. This is important because the U.S. operates on a “first to file” system, meaning the first entity to file a patent application has priority over later applicants.
If you run an innovative business and you are looking to patent an invention, a PPA gives you up to 12 months to file your related non-provisional patent application. During this time, you can continue to develop your invention, test the market and seek investors without worrying about someone else securing rights for a similar patent because they secured an earlier filing date than you did. This can be a particularly valuable approach if your invention is in the early stages or if you need time to gather resources for a full patent filing.
Finally, once you file a provisional patent application, you can legally use the term “patent pending” on your invention. This can deter potential competitors and signal to investors and partners that your invention is on its way to being patented.