Startup Law Blog

Feb 27, 2024

Writing a DIY provisional patent application

Let's cover the steps of filing provisional patent applications and how these patent applications can play a role in your licensing and sales efforts when you want to commercialization of your invention.

Writing a DIY provisional patent application

In the realm of innovation and intellectual property protection, understanding the nuances of patent applications can be a game-changer for inventors and startups alike. A provisional patent application offers a cost-effective and strategic stepping stone towards securing a formal patent, providing a twelve-month buffer to refine your invention, explore commercial opportunities, or seek funding.

The Path to Provisional Patent Application

A provisional patent application is your first foray into safeguarding your invention without diving into the complexities and expenses of a non-provisional patent application. It is essentially a 12-month placeholder where you get an effective filing date (for the disclosure you include in your provisional patent application - not what is in your head!). It's crucial to recognize that while this route offers temporary protection, it requires attention to ensure that your invention is adequately described and potential patent claims are clearly outlined.

1. Document Your Invention

Detailing every aspect of your invention is critical. This includes conceptual descriptions, technical drawings, and how your invention differs from existing products or technologies. It's essential to be as comprehensive as possible to create a solid foundation for your patent claims and future development. I will write up a detailed blog post soon, but feel free to ask a question if you want to do it sooner.

2. Claims Crafting

Although not necessary for a provisional patent application, including claims can ensure that you have proper support for your non-provisional claims that are required. The drafting of claims may indeed be the most intricate part of your patent application, delineating the boundaries of your invention's protection from all the prior art. Claims should be specific, clear, and supported by the descriptions (and ideally drawings) provided. Due to the complexity and importance of this step, soliciting professional guidance, even for a provisional application, may be a good move.

3. Licensing Your Innovation

Even at the earliest stages, you should consider how you plan to monetize your invention. If you just plan to sell your product, you do not need a patent application. Only if you intend to sell or license the rights to your product (or sue an infringer) do you need a patent. Working backwards from how you intend to use your patent application can help you achieve your long-term outcome. For example, if you think about your invention from the perspective of your future licensee, you can write your claims in a way that would be most beneficial to them. If you cannot imagine who would license your patent application, then spend some time thinking about that before investing time writing a provisional patent application that has no market (no buyer, no licensee, and likely no infringer).

4. Application Filing

In the United States, filing a provisional patent application is handled through the United States Patent and Trademark Office's (USPTO) Electronic Filing System (EFS-Web). The costs of filing a provisional patent application are currently $300 ($120 for a small entity and $60 for a micro entity). There are no examination or publication fees...because there is no examination or publication.

Useful Resources:

Conclusion

Provisional patent applications can give you an early filing date, but only for the subject matter adequately disclosed in your provisional patent application. If you have not taken the time to think about who is going to license your patent application, take some time to think about that first - nobody is going to show up on your doorstep asking to license or acquire your invention. At some point you have to figure out who is going to commercialize your invention, and if you do that work up front you can craft your patent strategy based on your IP customer's needs.

If you're navigating the complexities of patent applications and licensing strategies, consulting with a patent attorney up front may help set you in the right direction. To discuss how to develop a comprehensive patent strategy for your invention, feel free to schedule a time with with me (my bio).

More Posts
How to Sell a Patented Invention: A Guide for Solo Inventors

How to Sell a Patented Invention: A Guide for Solo Inventors

Are you looking for a patent attorney to help you patent your idea? Or are you looking for tutorials to help you file your own patent application? STOP! Before investing time and money in patenting an invention, consider a Plan B: figure out who the future buyer is going to be first, and work backwards from this eventual patent sales to guide your patenting efforts.

Published Jun 8, 2024

Can You Patent Accessories and Improvements on Other's Products?

Can You Patent Accessories and Improvements on Other's Products?

Yes you can! In fact, most inventions can be seen as an improvement on the prior art. Let's jump into the details.

Published Apr 5, 2024

Engaging Unpaid Interns: Legal Guidelines for Startups in Computer Science

Engaging Unpaid Interns: Legal Guidelines for Startups in Computer Science

This blog post explores the legalities and best practices of employing unpaid computer science undergraduate students as interns within a startup environment, focusing on intellectual property law and its implications.

Published Jul 4, 2024

Patent Strategies for Bootstrapped Startups

Patent Strategies for Bootstrapped Startups

Maximizing Resources and Protection for early stage self-funded startups

Published Feb 24, 2024

Law for Startup Founders

Law for Startup Founders

I have spent the last 20 years trying to figure out how to bring product ideas to life: as an inventor with over 100 issued patents; as a patent attorney; and as a startup founder. This blog is focused on the legal issues that founders will face as they go from idea to prototype to operating company. If you have questions about your idea, invention, or startup company feel free to click "Ask Legal Question" at the top of the page. Good luck with your startup!

Published Feb 25, 2024

Understanding the Costs of Securing a Patent for Startups

Understanding the Costs of Securing a Patent for Startups

This post offers a detailed explanation of the financial commitments startups should anticipate when seeking to secure a patent, including government fees, attorney fees, and potential hidden costs. Essential for startup owners looking to navigate the intellectual property landscape effectively.

Published Apr 8, 2024

Patent Sales and Patent Licensing

Patent Sales and Patent Licensing

A Comprehensive Guide for Solo Inventors looking to commercialize their inventions.

Published Feb 26, 2024

The Art of Modern Patent Sales: Strategies and Considerations for Innovators

The Art of Modern Patent Sales: Strategies and Considerations for Innovators

In this essential read for inventors and entrepreneurs, we explore the facets of modern patent sales, shedding light on the types of inventions that stand out in the marketplace, the extent of commercialization needed, and the strategies to navigate these transactions successfully.

Published Mar 3, 2024

Navigating Early Challenges: Key Legal Issues for Startup Founders

Navigating Early Challenges: Key Legal Issues for Startup Founders

This blog post discusses the five most common legal challenges startup founders face in their first year, providing insights into intellectual property laws, agreements, and compliance necessities that can safeguard their ventures.

Published May 4, 2024

Starting a Business in Bellevue, Washington: A Legal Guide for Startups

Starting a Business in Bellevue, Washington: A Legal Guide for Startups

Explore the essential steps and legal considerations for launching a startup in Bellevue, Washington. From choosing the right business structure to getting your basic book keeping set up so that you can easily file your taxes, this post can help you get started.

Published May 12, 2024

Key Legal Requirements for Your Startup's Website: Understanding EULA, Privacy Policy, TOS, and Cookie Policy

Key Legal Requirements for Your Startup's Website: Understanding EULA, Privacy Policy, TOS, and Cookie Policy

This blog post offers a comprehensive overview of the essential legal documents every startup website must include: End User License Agreement (EULA), Privacy Policy, Terms of Service (TOS), and Cookie Policy. Learn the importance of each and why they're crucial for compliance and protecting your business.

Published Mar 4, 2024

Writing and Filing Your Own Provisional Patent Application

Writing and Filing Your Own Provisional Patent Application

Getting a patent is expensive - but getting a designation of "patent pending" and establishing a filing date can be quite affordable.

Published Mar 6, 2024

Navigating Legal Waters: Top 5 Legal Issues Every Startup Founder Must Address

Navigating Legal Waters: Top 5 Legal Issues Every Startup Founder Must Address

This comprehensive blog post dives into the critical legal areas startup founders must be aware of, including intellectual property law, contracts, company structure, compliance requirements, and shareholder agreements. By integrating authoritative legal sources, we offer startups an invaluable guide to safeguarding their visions and ensuring a solid legal foundation for their business ventures.

Published Apr 16, 2024

Protecting Your Intellectual Property on Kickstarter with Provisional Patent Applications

Protecting Your Intellectual Property on Kickstarter with Provisional Patent Applications

Are you considering a Kickstarter campaign, and want to understand how this may impact your intellectual property (IP) rights? Read on to understand the implications of Kickstarter on your IP and evaluate strategies for safeguarding your invention using a provisional patent applications. Learn about the timing, costs, and benefits of the patenting process, enhancing your Kickstarter campaign's success while securing your intellectual property rights.

Published Apr 29, 2024

The Costs of Securing a Patent: A Comprehensive Guide

The Costs of Securing a Patent: A Comprehensive Guide

This blog post offers an in-depth understanding of the financial aspects involved in obtaining a patent, with emphasis on ensuring innovators are fully informed about potential costs and the value of legal support in the patent application process.

Published Mar 14, 2024

Patent Timing: When Should I file my Patent Application?

Patent Timing: When Should I file my Patent Application?

For startups, there is always more work to be done than can be done. Rigorous prioritization and delaying work until it must be done are essential skills. But how long can you hold off on filing for patent protection until it is too late? This blog post offers some guidelines about what factors to consider when determining when to file your patent application.

Published Apr 20, 2024

Search like a Patent Examiner

Search like a Patent Examiner

Let's jump into the patent searching using the United States Patent & Trademark Office's (USPTO's) very own search engine. This guide offers step-by-step instructions to help inventors and entrepreneurs take a first step in protecting their innovations.

Published Mar 27, 2024

Disclaimer: by reading this content, you agree that no legal relationship is created between you and Attorney Mesh or you and any attorney who publishes content on Attorney Mesh or any site powered by Attorney Mesh.