Patent Attorney and Founder
I recently submitted a provisional patent application and paid the $60 fee to file it with the USPTO. A couple of weeks later, I received a notice titled “Missing Parts of a Provisional Application,” asking for an additional $300. It seems the initial $60 was just a surcharge for a late submission. Does anyone know if this is accurate or why this happens? I’d appreciate any insight!
Quick disclaimer: I haven’t personally filed a patent application in some time—our paralegal team typically handles it. That said, I’ll share what I know based on past experience.
When filing a provisional patent application, the process is much simpler than a non-provisional application. However, there are still essential elements you must include:
- Specification: Essentially, this is a written description of your invention. It should be detailed enough that someone else could replicate it.
- Cover Sheet: This outlines basic information about your submission.
- Fees: Ensure the correct payment is made upfront to avoid complications.
A lot of inventors run into issues with the specification. It’s crucial to describe your invention in detail, covering not just one version but potential variations or alternative embodiments. Many DIY filings fall short because they’re too vague or only focus on the “market-ready” version of the invention.
Another thing to watch out for: after submitting anything to the USPTO, your contact information may get picked up by scammers. Some notices can look very official but aren’t from the USPTO. For instance, if you get a letter demanding $300 with no clear explanation, double-check its legitimacy. Scammers often target inventors with these kinds of schemes, especially in the trademark world.
If you’re unsure, hiring a lawyer can save you from headaches and wasted time. Attorneys know how to navigate these nuances, and having the right legal guidance is invaluable.
As for trademarking your business name or logo, here are some basics:
- Trademark rights come from use. Using the name or logo in a business capacity is the first step—think invoices, menus, or storefronts, not just T-shirts or decorative placements.
- Intent-to-Use Applications: These let you secure a trademark before fully using it in commerce. You’ll have six months to prove use, with possible extensions up to three years.
Before spending a dime on branding or design, do a knockout search. This involves checking online for similar trademarks and getting a professional analysis. No one wants to invest in marketing only to lose a trademark battle later.
Prototyping and Patents
If you’ve got an invention idea but feel stuck, here’s where to start:
- Prototyping isn’t required. You don’t have to build a physical model to file for a patent. As long as you can clearly explain and illustrate your invention, that’s enough to begin.
- Non-Disclosure Agreements (NDAs): If you need help building a prototype, protect your idea first. An attorney-drafted NDA ensures your concept stays confidential.
- Market Viability: Before spending time and money, research whether your invention has commercial potential. If it’s a small niche, a patent might not be worth the cost.
Lastly, when filing for a patent, conduct a thorough search to ensure your idea hasn’t already been patented. Even if your design feels unique, something similar might exist.