Intellectual Property: Patents, Trademarks, and Copyrights

Before applying for a patent, one must determine which type of patent you will need for your invention. In addition, you should have completed your patent search at this point. US Patent Applications are either provisional or nonprovisional. Provisional patent applications are often touted as a quick and easy way to obtain a patent. On its own, a provisional document is not really an application for a patent. Rather, it is a conditional document establishing an inventor priority to an invention, as long as a regular nonprovisional patent application is filed within one year. Filing a provisional application legally permits an inventor to claim patent pending too. For additional background, see Provisional Application for a Patent at the USPTO site. Furthermore, the USPTO features a helpful presentation entitled, Filing a Provisional Application: Demystifying the Filing Process, offering insightful basic tips. Independent inventors may also qualify for substantial discounts on their provisional application when filling out a Micro Entity Status Form.

Patent applications often require the services of an attorney or agent registered with the USPTO. For those considering to submit their own application, the USPTO offers a file pro se service. In addition, David Pressman's book Patent it Yourself is helpful for this entire process, with or without an attorney. For a broader view of the patent application process, the USPTO offers a complete Patents guide.