Patentability Issues Before Provisional

Patentability Issues Before Provisional

Patentability Issues Before Provisional

When it comes to patents and the patent application process, there is a wealth of information on the net. Google Patents, Legal Zoom or Patent UFO or many other sites have information to learn more about the patent process. They're good sites to read more about getting a patentability opinion and how to file a patent application.

As taken from the FAQ section of one of the sites aforementioned:

A common question is Should I file a provisional right now?

"Most Provisional Applications are filed because the applicant has little time or is still unsure whether the invention is commercially viable or marketable. Provisional Applications may give you immediate Patent-Pending status and may be cheaper to prepare and file.

However, with Provisionals, since they automatically abandon after one year, you will have to file a Non-Provisional Application within one year anyway to pursue your patent. Also, please understand that there is little or no benefit to a poorly written Provisional Application. In fact, many Patent Practitioners offer to file Provisionals at extremely low prices but do not explain to their clients the drawbacks of a poorly written or incomplete Provisional Application."

Next, the question is can you file your own patent?

"Yes, you file on your own pro se. However, it's safe to say that almost all Patent Practitioners and inventors, alike, would recommend against this. Please realize that patent law can be rather complicated at times. There are many statutory requirements, procedural formalities, and substantive requirements involved. You will inevitably miss something or err in a way that a professional Patent Practitioner most likely would not. Also, keep in mind that when you begin the patent prosecution process and communicate with an Examiner at the USPTO, you will inevitably have to respond to official communications during which you may require professional assistance anyway. And many patent practitioners at that point do not take pro se clients because the nature of the work, or the amount of correcting at that point, becomes not worthwhile or futile for even a professional to do. Therefore, it would save you a lot of time and trouble now and later to have a registered Patent Practitioner prepare, draft, and file your Patent Application."

The best thing is probably to visit an online patent practitioner to see if you satisfy patentability requirements. These firms often are highly efficient and do not require you to travel to and from their offices over and over and over. Make use of the internet, people. Work smarter and not harder for no good reason.

Go read more about patents andpatentability first before you invest too much on nothing.

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