Not all patents are equally good.

A recent article on online patenting is very intrigued by the simple and easy way to inexpensively file an application for an invention. However, the thought did not give rest: “Too good to be true,” - and I had to turn to the original source ( Provisional Application for Patent ).

I cannot but agree with PDmitriy : preliminary application is a great way to claim your rights. However, there are pitfalls that are not obvious at first glance.

Pleasant

• It is inexpensive ( about a hundred dollars ).
• A preliminary application determines the official filing date; This date is a weighty argument in proving its priority.

  Established in United States patent application filing date for the invention;

• A preliminary application gives the right to officially use the term “Patent pending” during the year. (Now it’s clear from where this “patent pending” domination of technologies from dubious firms :)

  Permits 12 months of authorization to use "Patent Pending" notice in connection with the description of the invention;

• Preliminary applications are not considered on the merits. (You can write anything, which, apparently, is used by the above mentioned firms.)

  Provisional applications are not examined on their merits.

• A preliminary application makes it possible to “stake out” the invention for a small fee in order to assess its market potential and decide whether to spend money on a full-fledged patent.

  It has been noted that it will be possible to make a decision on how to apply for a patent.

Unpleasant

• Within 12 months after making a preliminary application, you must either submit a “non-provisional” application or convert your provisional one into it.

  A provisional application can not be followed in the case of the following two events occur within 12 months of the provisional application:
  1. a corresponding non-provisional application for a patent; or
  2. a grantable petition under 37 CFR 1.53 © (3) to convert the provisional application into a non-provisional application is filed.

• Preliminary applications cannot be filed for inventions related to design.

  Filed for design inventions.

• The cost of the "full" patent :
  
  • Application filing (Basic filing fee): $ 82 ... $ 110.
  • Search for (similar) patents (Patent Search Fees): $ 50 ... $ 270.
  • Patent Examination Fees: $ 70 ... $ 325.
  • Issuance of a patent (Patent Post-Allowance Fees): $ 430 ... $ 755.
  • Content of the patent (Patent Maintenance Fees): $ 490 (in 3.5 years), $ 1240 (in 7.5 years), $ 2055 (in 11.5 years).

Inventors should be fully aware that a preliminary application will not become a patent without additional documents. Some firms for the "promotion" of inventions misuse the idea of ​​preliminary applications, in essence leaving authors without a patent.

Inventory should not be accepted. Filing companies misuse the provisional application process.

Disclaimer : I have nothing to do with patent cases, “what I read, about that and I sing” - with quotations as confirmation. If someone is professionally engaged in patent law - I will be happy with the amendments.