Provisional application for patent. A low-cost option to allow you to later make a claim to a specific invention or technology before incurring the thousands, or tens of thousands of dollars in non-provisional patent filing.

During my research, I stumbled across this option for businesses to protect their intellectual property while they explore the commercial viability of their invention. I have been polling other software companies about software licensing and protecting software. During our discussions, several asked me about patents and had thought about patenting some of their technologies. I know Tim O’ Reilly doesn’t endorse it, but sometimes you have to protect yourself and your inventions even if only to make sure you can secure the resources to actually provide a service or utility that can benefit others. As such, here is the information I dug up and my experience with provisional application for patents.

(12 month insurance policy for about $106 and 1-2 days’ work)

Provisional Application for Patent:
http://www.uspto.gov/web/offices/pac/provapp.htm

cover sheet: http://www.uspto.gov/web/forms/sb0016_fill.pdf

cc payments: http://www.uspto.gov/web/forms/2038.pdf

Include these two, then writing a brief specification and optional drawings. The first link tells you all you need to know. You don’t have to make any claims yet but make sure that you provide enough detailed information that you can back up your claims when you file non-provisional. I would assume most individual inventors or small businesses qualify for small entity status so this will cost you $100, plus mailing. Also, I read a tip that if you include a self-addressed stamped postcard, they will send back to you confirming receipt of docs.

I wrote:
“USPTO has received the following:
- cover pages (2 p)
- credit card billing form (1 p)
- specification overview (7 p)
- architecture drawing (1 p)

For the provisional application for patent for MY INVENTION TITLE HERE”

I addressed it to myself and added first class stamp and included with the packet. I then visited local post office and purchased their manilla envelope. I spent about $5 for envelope, postage and to have it delivered certified mail (giving me further proof of date sent, and receipt confirmation).

After USPTO confirms receipt, you can explore commercial possibilities of your product and add the claim “patent pending.” They do not research validity of your filing, merely confirm you sent it in on x date. You then have 12 months to file your non-provisional patent where you will need to make and back up claims to your invention. It is up to you to then later prove the novelty and utility of your invention during your non-provisional filing, which you should definitely seek legal counsel for.

NEXT STEP:
Later, it’s recommended to use registered patent attorney for filing the non-provisional patent. I would suggest researching example specifications and trying to write up as complete a specification as possible before you start paying by the hour.

Non-provisional specification will require all information for a like-minded individual (fellow nerd) to build what it is that you are patenting.

When you get to that step: http://inventors.about.com/od/patentsbasics/a/Specifications.htm

Search for USPTO registered patent attorneys:
Search: http://www.uspto.gov/web/offices/dcom/olia/oed/roster/index.html

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