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Step 3: Protect your idea in anticipation of receiving one or more patents

Once you know for sure that you are on sound footing in pursuing a patent, there are several things you can do to protect your interests as soon as possible.

Provisional Patent
You can file for a Provisional patent application quickly if it does not have claims. Claims are the legally operable part of a patent application, though other parts of the application (in particular the detailed description) may be used for purposes of claiming a priority date. The Provisional patent application has a lesser filing fee than the Utility patent application and will expire if it is not upgraded to a utility patent application within one (1) year of filing. The Provisional patent application does give the inventor(s) a priority date and patent pending status this alone is a goal for many inventors.

Document Disclosure
You can file a Document Disclosure to prove that you came up with an idea on a particular date. This disclosure, though it does not give the inventor a priority date as does the Provisional patent application, will allow the inventor a modicum of peace of mind as the PTO will hold on to the disclosure for two (2) years. The importance of this disclosure is the fact that in the US, the right to an invention lodges in the first person(s) to invent and not necessarily the first person(s) to file a patent application. The disclosure is only good so long as a patent application is diligently filed in the PTO, and the inventor makes no public disclosure of the invention.

Go to Step 4
File your patent application(s), track application
progress and keep you informed.

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Did You Know?

You may apply for a patent for your invention.

Inventors may apply for one of two types of patent applications: (1) A non-provisional application, which begins the examination process and may lead to a patent and (2) A provisional application, which establishes a filing date but does not begin the examination process.

Contact our Patent Professionals to ensure you complete the patent filing process correctly or for violation of your patent rights.

I Patent Attorneys

Kentucky: Secretary of State - Patent Series Overview

Patent Services

Patent Trees

New York State Library: Patent Depository Program

EPA United States Patents

 Helpful Patent Terms

Certification Mark

Definition:
Any word, name, symbol, device, or any combination, used, or intended to be used, in commerce by someone other than its owner.

File Wrapper

Definition:
The folder into which papers for a particular application are collected and maintained. It contains a complete record of proceedings in the USPTO from the filing of the initial patent application to the issued patent.

See More Terms >

 

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Utility

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Patents And Inventors

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