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Category: Patent

How to Patent an Idea

how to patent an ideaHow to Patent an Idea – Choose between a Provisional Patent and a Non Provisional Patent Application


How to Patent an Idea – What is a Provisional Patent?

Provisional patent applications are US patent applications for a patent, meaning patent pending, which does not mature into an issued US patent (not examined by the USPTO) unless further steps are taken by the applicant within twelve (12) months of filing the provisional application. Such applications are designed to provide lower cost first patent filing by reducing the formal requirements, such as, not requiring formal drawings, claims, oath and declarations, or an information disclosure statement. However, if drafted properly (adequate technical written description and figures) the provisional application provides the inventor with an application priority date and “patent pending” status. Note a provisional application must be converted to a non-provisional application within one year of the filing date to maintain priority based on the provisional filing.  Failure to file the non-provisional could result in loss of US patent rights, including a complete bar to obtaining a patent. Provisional patent applications are NOT examined by an Examiner at the USPTO.

How to Patent an Idea – What is a Non Provisional Patent Application

A non-provisional patent application, sometimes called a “regular” patent application or just a “patent application”, is a “real” application for a patent. It will be examined, and ultimately, through the examination process can mature into a patent. It’s “term” or life ends twenty years from the earliest priority date, which may be the date it is filed or the date that an application from which it takes priority benefit is filed. (See above for the effect of a provisional priority date.) A complete non-provisional patent application contains at least a specification, all the drawing figures and at least one claim. Claims are the invention. The specification and drawings must disclose what is in the claims, but they do not comprise the invention, only the claims do. Twenty claims are paid for with the filing fee, of which three may be independent claims. (Independent claims stand alone. The remaining are dependent claims which refer to another claim and thus cannot stand alone.) There are various types of non-provisional patent applications, including the “parent” application and such “children” as divisional patent applications (occasionally the USPTO examiner requires restriction between more than one invention in the patent application; after proceeding with one selected invention, the other or others can be filed as divisionals), continuation patent applications (typically only a new set of claims to the original invention) and continuation-in-part patent applications (the original patent application plus some new matter (written description & drawings) added — this is the only way to add new matter to a patent application).

How to Patent an Idea – Which Costs Less

Many people think that a provisional patent application is less costly way to get a patent than a non-provisional patent application. However, this is not the case. Again, because the provisional expires and a non-provisional must be filed to take priority to the provisional, this two-step process is more expensive. It is true that a provisional patent application is the least expensive way to get “Patent Pending” status, but that will expire after a year unless the non-provisional is filed within that time. Further, in order to be fully enabling and not just a waste of time and money, the provisional must contain everything that a non-provisional would include except the claims. That constitutes about ninety percent of the cost of a patent. Later, the non-provisional that is filed taking priority to the provisional will cost about 2-3x times more. Thus, the provisional route is the more expensive route to obtaining a patent. Notwithstanding, as noted below, there are sometimes good reasons to file a provisional patent application and incur the additional costs.

1- when product is still in development or prototyping and you want to be patent pending

2- when you need to disclose the invention and you want to be patent pending before the disclosure

When to use a non-provisional

Pretty much any other reason than those two above will be a good reason for filing a non-provisional. Namely, if you want to get a patent you should immediately file a non-provisional patent application and get the process going.

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Patent Attorney Atlanta GA

Patent attorney Atlanta GAPatent Attorney Atlanta GA – Call for a FREE Consultation (678) 202-5990.

Are you looking for a Patent Attorney in Atlanta GA?
Here are some tips for finding a Patent Attorney that will fit your needs:
• Patent attorneys are subject matter specific based on their technical degree. For example electrical engineer, software, physics, biology, biochemistry, chemistry, computer science, or mechanical engineering, etc.
• Specific job experience can create subject matter expertise.
• Small law firms focusing exclusively on intellectual property often provide specialized attention and service.

• Most patent attorneys are capable of filing patents on mechanical devices and/or systems.
• Look for an entrepreneurial patent attorney (one who has his/her own inventions, issued patents or one who participated in starting a new business).
• In general you get what you pay for, avoid on-line legal service offerings.

Call now to for a FREE consultation with Patent Attorney Mat Grell in Atlanta GA.

(678) 202 -5990

Grell & Watson Patent Attorneys, LLC, Atlanta Offices:
Atlanta I-85, Buckhead, Decatur, Brookhaven, Dekalb:
2600 Century Parkway, Suite 100, Atlanta GA 30345. (678) 202-5990‎ phone (678) 373-4746 fax

Johns Creek, Duluth, Fulton County Office:  11330 Lakefield Drive, Suite 200 (Building 2), Johns Creek, GA 30097.  (678) 202-5990 phone (678) 373-4746 fax

Alpharetta, Roswell, Fulton County Office:  11175 Cicero Drive, Suite 100, Alpharetta, GA 30022.  (678) 202-5990 phone (678) 202-5990 fax

Norcross, Gwinnett: 4307 Jones Bridge, Suite 100, Norcross, Georgia 30092. (678) 202-5990 phone (678) 373-4746 fax


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How to Find a Great Patent Attorney in Atlanta GA

Find a Patent AttorneyHow to Find a Great Patent Attorney in Atlanta GA

Call now to for a FREE consultation 678-202-5990 with lawyer Mat Grell.

Look for a patent & trademark attorney who has his/her own inventions, issued patents, trademarks or who has participated in starting a new business.

Patent Lawyers are subject matter specific based on their technical degree(s) earned in college. Look for an Attorney with a technical degree that matches your idea invention, such as electrical engineering, computer science, software, physics, biology, biochemistry, chemistry, or mechanical engineering, etc.

Work experience creates subject matter expertise.  Look for a patent lawyer who has relevant work experience to your idea invention.

Small law firms focusing exclusively on intellectual property often
provide the best attention and service for filing patent and trademark applications.

Call Mat Grell for a Free patent consultation 678-373-4747 ext. 100 or Email Mat Grell

To search the US Patent & Trademark Office for a Patent Attorney near you click the link below or visit US Patent Office and search for “OED Patent Attorney/Agent Search.” Next enter your city/state or zip code into the USPTO search engine and the engine will generate a list of Attorney/Agents near you. Use the criteria above to find a Patent Lawyer right for you. US Patent Lawyer Search

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