What is Provisional Patent Application Drafting?
A provisional patent application is a document that establishes an early priority date for an invention. It provides inventors with a 12-month window in which they can test, develop, or market their ideas prior to filing for a complete patent.
It’s worth getting a provisional patent application if you want to test your product’s commercial appeal while securing an early filing date for a nonprovisional patent application.
Read the rest of this article for clarity about how to draft a provisional patent application, such as what core information is required, and how a qualified lawyer can help you draft it.
What are Key Terms in a Provisional Patent Application?
A provisional patent application requires the following key terms to provide clarity:
- Priority date. This is the official filing date that may establish an earlier effective date for the invention.
- Patent pending. You’ll receive this status marker or term that you can use on your product or packaging after filing. It alerts competitors that your patent application is in process and has been filed.
- 12-month window. This is the one-year period after your provisional filing when you’ll convert the application to a full nonprovisional or complete application.
- Description. Provide a clear description on how to use and make your invention.
- Lapse. If you don’t follow up with completing the application, you will lose your priority rights.
What are Tips for Drafting a Provisional Patent Application?
When drafting a provisional patent application, there are some important tips to bear in mind to ensure clarity and provide enough details about your invention. Consider these essential tips when drafting your agreement.
Provide a Detailed Description
Explain what the invention is and how it works. Be specific, such as by including how its components interact. You also want to explain how someone could make and use it, as this is a commonly referenced guideline for drafting a provisional patent application.
Describe Distinguishing Features
It’s important to specify the technical features and other specifications that set your invention apart from existing processes or products. You should explain why these features matter or how they can make a difference.
Identify the Inventor
Make sure you state the person who qualifies as the product inventor or who has contributed to the invention. This is important to clarify ownership, which could be determined by factors such as the assignment of patent rights.
Include Technical Drawings
Since you want to clearly show how the invention works, drawings can help you to support your application. It’s common for patent drawings to display all invention components and how they are assembled. It’s worth hiring a professional to prepare these drawings for you.
Should You Hire a Lawyer for Provisional Patent Application Drafting?
Hiring a lawyer to draft your provisional patent application for you is recommended. Although you don’t legally require one, their professional legal guidance can help you to protect your interests.
A lawyer can assist in various ways with your provisional patent application, such as by:
- Describing the invention properly. They’ll include the details you need to explain how the invention works.
- Identifying key features. They’ll help you determine which invention aspects are novel and worth describing in your application.
- Addressing technical complexities. They’ll translate any technical concepts into clear disclosure without leaving out anything important that you need to include.
- Preparing supporting drawings. They’ll help you identify figures and other drawings that will support your invention application.
- Researching similar inventions. They’ll determine if similar inventions are already in existence and help you to identify potential concerns.
- Complying with all filing requirements. They’ll check that the application is aligned with all filing requirements, including what documents or drawings are required.
- Reviewing your agreement. If you’ve already drafted a provisional patent agreement, you can hire a lawyer to review it for you. This gives you peace of mind about all the agreement terms.
- Helping you prepare for the next filing stage. A lawyer will draft a plan for developing and filing a nonprovisional application within the applicable 12-month period.
Where to Find and Hire a Lawyer for Provisional Patent Application Drafting
If you’d like to draft your provisional patent application with the help of a lawyer, you might wonder where to find one who’s reputable. Instead of searching for a lawyer by calling people you know for recommendations, you should use an online legal platform. This gives you convenient access to a range of lawyers who are experienced and skilled.
ContractsCounsel is one of the largest online legal marketplaces that connects you with a curated network of lawyers who have been vetted on the platform.
To ask a lawyer on the platform to draft your provisional patent application, follow these easy steps:
- Go to the ContractsCounsel marketplace.
- Select ‘One-time project’ and ‘Create or update contract.’ Alternatively, select ‘Review contract’ if you’d like a lawyer to review your agreement.
- Post your project, which is free on the platform. Include some details of what you need so you can hire a lawyer who meets your requirements.
- Wait for bids. Instead of searching for a lawyer, you’ll receive multiple bids from lawyers directly on the platform who are ready to assist you.
- Review the platform’s lawyer data. You can go through extensive lawyer data, such as their location, expertise, years of experience, credentials, and client ratings for previous projects completed on the platform.
- Select a lawyer based on the research. They’ll draft your provisional patent application for a flat fee.
