Absolutely! Thank you for watching. If you ever have any questions, feel free to visit us online at founderslegal.com or schedule a free consultation with one of our patent attorneys.
Great video! So, can I disclose, promote, and sale my invention during those 12 months of the provisional patent? How long does it take to be able to use "patent-pending" after I have submitted my application?
You will have Patent Pending Status once the provisional application has been filed with the Patent Office. Once you have secured your filing date with the provisional application, you can begin to disclose, promote, and sell your invention. However, only the disclosure in your provisional application receives patent-pending status. It is best to consult with a patent professional to ensure that your application protects all information you choose to discuss publicly.
There are also additional factors to consider when filing a provisional patent. If you choose to publicly disclose your patent-pending invention and the provisional application expires without a non-provisional filing, your invention could be forfeited to the public domain. Additionally, since provisional applications are not examined, there could be a chance a non-provisional application filed under track one expedited examination could be issued a patent before your invention has been examined. In this situation, there would be no way for an examiner to know about your provisional application since it has not been examined.
Finally, provisional patent applications are made wholly available to the public when a non-provisional application references them. This can lead to a situation where multiple inventive concepts within a single provisional application could be disclosed to the public when using the provisional application to establish a priority date. For example, suppose there are multiple inventive concepts in a provisional application. In that case, you cannot exclude any of the inventive concepts from the provisional application in your non-provisional filing. Even if you realize the inventive concept may be better kept as a trade secret during the pendency of the provisional application. All disclosure of the provisional application is publically inspectable at the time non-provisional publication. Therefore, it may be best to file separate provisional applications for each inventive concept so the non-provisional filing may selectively choose which inventive aspects to publicly disclose while retaining the ability to keep others as trade secrets.
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thank you!
thanks
Absolutely! Thank you for watching. If you ever have any questions, feel free to visit us online at founderslegal.com or schedule a free consultation with one of our patent attorneys.
This was a great video I felt like I learned a lot. I like being the first comment to
Thank you, Jacob. Glad the information was helpful!
Great video! So, can I disclose, promote, and sale my invention during those 12 months of the provisional patent? How long does it take to be able to use "patent-pending" after I have submitted my application?
You will have Patent Pending Status once the provisional application has been filed with the Patent Office. Once you have secured your filing date with the provisional application, you can begin to disclose, promote, and sell your invention. However, only the disclosure in your provisional application receives patent-pending status. It is best to consult with a patent professional to ensure that your application protects all information you choose to discuss publicly.
There are also additional factors to consider when filing a provisional patent. If you choose to publicly disclose your patent-pending invention and the provisional application expires without a non-provisional filing, your invention could be forfeited to the public domain. Additionally, since provisional applications are not examined, there could be a chance a non-provisional application filed under track one expedited examination could be issued a patent before your invention has been examined. In this situation, there would be no way for an examiner to know about your provisional application since it has not been examined.
Finally, provisional patent applications are made wholly available to the public when a non-provisional application references them. This can lead to a situation where multiple inventive concepts within a single provisional application could be disclosed to the public when using the provisional application to establish a priority date. For example, suppose there are multiple inventive concepts in a provisional application. In that case, you cannot exclude any of the inventive concepts from the provisional application in your non-provisional filing. Even if you realize the inventive concept may be better kept as a trade secret during the pendency of the provisional application. All disclosure of the provisional application is publically inspectable at the time non-provisional publication. Therefore, it may be best to file separate provisional applications for each inventive concept so the non-provisional filing may selectively choose which inventive aspects to publicly disclose while retaining the ability to keep others as trade secrets.