Provisional Patent Application
Protect Your Idea - Step 3
"This product is patent pending"
Generally, it is not good business to make the idea public in any way until the item gains patent-pending status. Not only can someone steal an unprotected idea with impunity, but an inventor or company that allows another person to gain knowledge of the idea may instantly lose all international patent rights while at the same time, start the clock toward losing U.S. patent rights as well. The key to marketing, selling, and doing virtually anything with an idea is to achieve patent-pending status.
File an application: Any idea that is deemed patentable becomes patent pending the instant a patent application is filed with a government patent office. From the moment the application is received by the government, an inventor or assigned corporation may more safely do whatever it wishes with the idea, including selling it to another person or making money off of that item.
Provisional patent application: In order to apply for a patent, individuals and corporations with a functional idea must submit a utility patent application (sometimes called a "non-provisional utility patent application"). As soon as the utility application is filed, the idea is patent pending. From there, these groups must wait until the patent office begins the examination process. However, another option is to file a provisional patent application (sometimes called a "provisional utility application"). The provisional application is typically a watered-down utility application that is devoid of the claims section that is instrumental in the utility applications. The provisional is a relatively new option that is unique to the U.S. and is often less costly to craft and file. However, the purpose of the provisional is to buy an inventor or assigned corporation one-year of patent-pending status. Before that year is up, the applicant must upgrade the provisional into a traditional utility patent application. Before Greenberg & Lieberman, LLC's registered patent attorney can file a provisional patent application for you or your company, you must be able to provide sufficient information about your invention so that someone else who is skilled in the art (the subject matter upon which your idea is based) would understand how create your invention.
Provisional vs. utility: Applicants generally file provisionals when they expect to tweak the idea within that year, want to be filed quickly, desire a lower cost filing option while they secure investor financing, or merely want to see if there is a viable market for the idea. However, the caveat, once again, is that a patent will never be granted out of a provisional application. It is a temporary item for one-year of patent pending status. Only a utility application will be examined in terms of functional ideas.
Design patents: Just as with functional ideas, design patent applications also achieve patent-pending status from the moment the application is filed.
Why you should use an attorney: The use of a patent attorney to file your patent is not required. However, the United States Patent and Trademark Office typically advises that you should use a registered patent attorney or patent agent. The reason you should use, for example, Greenberg & Lieberman's patent attorney is at least two fold. From the patent office's point of view a patent application that is filed correctly is a lot less work for patent examiners to prosecute (prosecution is what the patent application process is called). From the applicant's (your) point of view, our registered patent attorney will not only be able to file your patent with the correct forms, but he presumably knows the system and will be able to write your patent application in a fashion that will give you both the best chance for success in trying to obtain the broadest claims. You want broad claims (legally operative language that define your patent) for your patent, as this will allow you to prevent the largest number of competitors from coming out with products similar to yours.
Our registered patent attorney has filed hundreds of patent applications. Please read some of these patent applications. Michael Greenberg is our registered patent attorney. However, patent prosecution is not the only area of patent law Michael Greenberg practices. He also provides counseling and litigation services when necessary.
 Go to Step 4
File your patent application(s), track application
progress and keep you informed.
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