Besides formal patent applications, start-ups can also apply for provisional patent applications. Find out what it takes to have a pending patent for your invention.

1. Provisional Patent Application
(PPA)
How different is it from formal
application?
4

2. Overview
• Types of patent application
• Differences between formal and provisional
patent applications
• Advantages of PPA
• Limitations of PPA
• How to apply for PPA?

3. So what kind of Patent Application is
suitable for your start-up?

4. Provisional Patent
• Informal patent as it is not examined
What? • Without claims, oath, or any information
disclosure statement
• A protection to avoid other people from
stealing your ideas or invention when your
Why? patent is not entirely completed
• Can apply for this for the formal patent to
establish an earlier effective filing date
• Has to apply for a formal patent within
How? one year of its filing date

5. Formal vs Provisional Patents
Formal Provisional (PPA)
• Most direct and hence, the • Lower costs than applying for
shortest route to patent formal patent
• Good for inventions with short • Good for inventions that are
half-life such as electronics not fully developed
and software • Good for keeping invention a
• Good for inventions that are secret as long as possible (i.e.
already or about to be for another year)
launched in the market • Good for adding one year to
• Any additions to the invention your patent life
has to be re-filed (i.e. from 20 to 21 years)
 A later priority date to cover
any new improvement

6. Advantages of Provisional Patent
• Preserve priority date
• Quick and inexpensive way to obtain a filing
date right after the invention is conceived
• One year delay allows the inventor/s to fully
develop the invention before filing for a
patent for the full invention

7. Advantages of Provisional Patent
• One more year of patent protection
• Patent pending status is granted during the
provisional patent protection
• Multiple provisional patents can be filed and
consolidated into one provisional patent

8. Limitations of Provisional Patent
• Increased total cost in patent application
• Invention has to be disclosed
(but will be kept confidential from public)
• Potential loss of trade secrets
• If inventor misses the 1 year deadline of filing
for the formal patent, then the invention can
no longer be patented.

9. How to apply for PPA
• Cannot be filed online under USPTO
• Fill in the following provided by USPTO
– provisional cover sheet and
– fee transmittal form
• Have to be written and completed by
– you or
– a professional patent agent.

10. Writing your Provisional application
• Claims not required
(but advised to include broad claims)
• Description + Drawings
• Should be clear and concise to be understood
by skilled personnel in the field of invention
• Should not anything that you want to include
as trade secret

11. About IP guide for Start-ups
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