How long is a provisional patent good for?

12 months
A provisional application for patent has a pendency lasting 12 months from the date the provisional application is filed. The 12-month pendency period cannot be extended.

Can you sell an idea with a provisional patent?

The quick answer is yes, it is possible. But it rarely happens. Selling a provisional patent application is the same as selling just an idea without proven market demand. It would need to be an extremely innovative idea to convince buyers to take a chance and invest before it is patented.

Does provisional patent expire?

Provisional patent applications are only valid for one year, giving you time to get the more complex non-provisional patent application drafted and filed. But what happens after one year if you haven’t filed a non-provisional patent application.

Do provisional patents protect you?

Since a provisional patent application only provides “patent pending” and is not a granted patent, a provisional patent application does not provide any legal protection from someone copying your invention (i.e. you cannot sue a third-party for patent infringement with just a provisional patent application pending at …

What is the difference between a utility patent and a provisional patent?

Unlike a utility patent, a provisional patent does not get reviewed by the USPTO, although it also is submitted there. This type of patent essentially holds a place for the invention until the inventor is ready to apply for a utility patent. The subsequent utility patent application must be filed within a year.

Can a provisional patent application be made public?

(Unlike non-provisional applications, which are typically made public after 18 months. Filing a PPA first buys you an additional year of secrecy, in other words.) For simple consumer product ideas, having a well-written PPA is enough to secure a licensing agreement.

Do you need to patent a product idea?

You cannot only patent a product idea. You need to be able to be able to explain exactly how your idea would work as an invention and how it is different from everything else that already exists.

What’s the difference between a PPA and a provisional patent?

Filing a provisional patent application is like putting a stake in the ground. You’re securing a date, basically. No one at the USPTO will ever even read your PPA. (Unlike non-provisional applications, which are typically made public after 18 months. Filing a PPA first buys you an additional year of secrecy, in other words.)

How to maturing an idea into an invention?

Maturing an idea into an invention means thinking through exactly how it would work and then describing it at a level of detail that lets others understand it. A good way to think about it is that in order to qualify as an invention, an engineer would need to be able to take your description and use it to build what you had in mind.

You cannot only patent a product idea. You need to be able to be able to explain exactly how your idea would work as an invention and how it is different from everything else that already exists.

How long does it take to get a patent for an invention?

Overall, the time between filing for and receiving your patent is typically one to three years. However, once your patent is granted, your invention or design will be protected for 14 to 20 years depending upon the patent type.

What should be included in a patent application?

Your NDAs should always include an acknowledgment that all rights to your idea and any work done on your idea (by employees, contractors, etc.) remain owned solely by you. It is highly advised that you consult with your patent lawyer when drafting any and all NDAs associated with your inventions and potentially patentable ideas.

How to avoid having a worthless patent application?

If you have an idea/invention that you believe is marketable, try to gauge how interested consumers are before you spend your hard-earned money on a patent that turns out to be worthless. File a provisional patent application first, which gives you one year to investigate if your idea is indeed marketable.