Provisional Applications

Bold Patnet Process

A patent application is an important step in protecting your intellectual property rights. While the process can seem overly complicated, it’s important to understand the basics of a patent application before you file. Learn more about the application process below.

Provisional Patent Applications:

The provisional application provides an enabling written description of the entire invention including the preferred embodiment among many other alternative embodiments and drawings, as needed. The requirements for filing a provisional are few, for example, no claims need be filed, nor do certain sections of the application need to be filled out. For this and other reasons, the provisional application is less time-intensive and therefore less costly for the inventor. A big upside to filing a provisional is once it has been officially submitted to the USPTO the inventor may stamp on their product and market to third parties that their invention is “Patent Pending.”

Design Patent Applications

For a client that wishes to protect only the way something looks or appears. This special type of patent application requires a very detailed approach to defining the shapes, orientation and ornamental features of the invention. It is important to note that the protection given by a design patent (once granted) is limited to the ornamental appearance of the invention, not what it does but what it looks like only.

Plant Patent Application:

Plant patent applications are available for those inventors or applicants who have found a new species of plant which has been reproduced without the need for natural pollination or nature (asexually reproduced). Examples of these types of patents are for different strains of hops, fruit trees, and grapes (for wine). Just like utility applications, the written description needs to fully enable the invention and allow someone who is in the field of horticulture to be able to make and use the invention. In addition, a specimen of the plant invention needs to be submitted to the USPTO for inspection and analysis.

Foreign Patent Rights:

Filing a Patent Cooperation Treaty (PCT) application is the most common method of filing internationally. Certainly, we can help you file in specific countries, but would need to reach out to co-counsel in said countries. These applications do not change in substance or content so much, but the examiner doing the searching and examination is what is called an International Search Authority (ISA) and that search and examination will be relied upon by the various countries that have signed up to the PCT (90+ countries). “Bold Ideas” provides more insight on PCT Applications; click here to access Chapter 17.

PPA Specification Example

Download a Bold example of what specifications on a Provisional Patent Application might look like.

Why Hire a Patent Attorney to Draft your Patent Application?

No Patent File it Yourself Legal Zoom Filing Patent Attorney Filing
Marketshare Marketshare must be created by pure business development and first-to-market plan Very high risk of improper filing and diminished overall scope of rights and potential market share High risk of improper filing and diminished overall scope of rights and potential market share Zero Risk of improper filing, market and infringement fully considered whend rafting customized claims
Value Zero Value Minimal value, based on limited scope of rights and non-existent or very poor drafting Limited Value based on limited scope of rights and poor drafting Strong value and knowledgeable legal expert affirms claims and position between competition when claims drafting
Investors Nothing to invest in but the business and revenue itself - no IP assets No accredited investor would assume any value from a pro-se patent applicant Very limited value applied to an application provided after reviewing the claims and drafting High value given toward the asset as it was well written and drafted with infringement in mind
Growth Improvements on invention are not captured because core technology was not protected Very High risk that Improvements on invention will be unprotected as core technology is likely not be fully enabled High Risk that Improvements on invention will be unprotected as core technology is probably not fully enabled Zero Risk that improvements will be unprotected because core technology will be fully enabled
Consulting/Advising None None Non-Legal Advisor and/or Limited Access Full access to Patent Attorney who will be Dedicated to your case

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