Features Of Provisional Application, Utility Agent & Patent Agent

By Author: Joshua Elijah
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A provisional patent application is a useful tool for certain innovations, which are important to many companies. Proper protection and development of those innovations can strengthen and expand your business. Filing a Provisional Patent Applicationestablishes a filing date for the innovation without the formal requirements of a non-provisional patent application. Here are a few key features of a provisional application.

No Examination:

Provisional applications are not examined - they merely establish a date of filing for the invention disclosed in the application. The application itself is abandoned automatically one year after filing. To begin the examination process necessary to obtain a U.S. Patent, and obtain the filing date established by the provisional filing, the inventor must file a non-provisional patent application within one year of the filing date of the provisional app.

One Year to "Test":

By establishing a filing date, the inventor or business can use the one year period to develop or test the market for the invention. If the invention is developed ...
... and appears to have commercial value, the company can proceed with the filing of a non-provisional application that claims priority to the earlier filing date. If the company decides not to pursue the invention, it has saved the time and costs associated with preparation of a non-provisional application.

Less Expensive:

Preparation and filing costs are often less expensive due to the simpler filing requirements, thereby deferring a portion of the costs until the non-provisional application is prepared and filed.

Faster:

These applications can also be prepared relatively quickly due to the simple formatting requirements. This is particularly useful when it is desirable to quickly establish a filing date prior to a public disclosure or demonstration of the invention.

Notation:

Once filed, the company can use the term "patent pending" on products that contain the invention. This designation may be useful in marketing and positioning the company as an "innovator".

Utility Patent:

A Utility Patentprotects a device including the function of the device and the working of the device. One of these patents does not exclude the other because a utility application can be based on the function of the device. The automobile may have a utility application on new features such as brakes. At times, the difference may be difficult to discern. The utility patent may be obtained on a device based upon the utility of the device and ornamental appearance of the device.

Enquire Properly Before Choosing Patent Agent:

The attorney's legal skills help you in determining the right regulation, while the engineering skills help understanding the circumstances well and properly drawing up an application in the language of patenting. Choose a Patent Agent with an engineering background related to your field of invention. In general, there are five kinds of engineering: mechanical, chemical, electrical, electronics and computer science. If possible, ask about his background, number of patents he has drafted, what kinds of invention were handled, and how long has he been conducting his practice in patent protection.

About The Author:-

Make sure the Patent Agent hired comes from an independent, professional agency rather than an in-house inspector i.e. www.wip.net.