If you or your company is close to completing a new, reproducible invention, please connect with Sierra IP Law, PC’s San Luis Obispo, CA patent lawyer
team today to explore your rights as a creator of intellectual property.
Patent Lawyer in San Luis Obispo, CA
If you are tempted to wait until your invention is perfect before seeking legal guidance, resist that urge. As long as you truly expect that your novel and useful invention will be complete and reproducible within the coming weeks, it is time to discuss filing a provisional patent application.
Provisional vs. Nonprovisional Patent Applications
There is no such thing as a provisional patent. Therefore, it can be confusing that The United States Patent and Trademark Office offers application processes labeled “provisional” and “nonprovisional.” Essentially, in order to receive patent protection under the law, your nonprovisional patent application must be approved. The timing of this application is critically important, as the date upon which the application is received is stamped onto the application by the USPTO. This date – the nonprovisional patent application stamp date – is the date by which the USPTO will judge the novelty of your invention and against which it will judge all claims of prior art. As a result, it is critically important that you secure a nonprovisional patent application stamp date as early as you possibly can, as doing so will protect your work and the potential success of your application from claims that you didn’t invent your work “first.”
However, it is also critically important not to “rush” the process of preparing your nonprovisional patent application. If this extensive form is not properly filled out and supported, it could be rejected outright. It generally takes several months to prepare a nonprovisional patent application properly. As time is spent preparing this application, the clock is ticking against securing a time stamp that is as favorable to your work as is possible. That’s where the provisional patent application comes in. If you are filing a utility or plant patent, you can file a provisional patent application – which does not take nearly as long to complete – within 365 days before you file your nonprovisional patent application. In doing so, your nonprovisional patent application will benefit from the date stamp assigned to your provisional patent application instead of its own – much later – time stamp. In a nutshell, allowing the experienced San Luis Obispo, CA patent lawyer team at Sierra IP Law, PC to prepare both kinds of applications on behalf of your work will protect your rights and safeguard the integrity of the nonprovisional patent application that must be approved before you can be granted formal patent protection.
Legal Assistance Is Available
If you have not yet scheduled a risk-free consultation with the trusted team at Sierra IP Law, PC
, please do so now. During your consultation, we will explore your rights, options, and our San Luis Obispo, CA patent lawyer team’s approach to representation; we look forward to speaking with you.