{"id":3209,"date":"2019-11-20T10:57:09","date_gmt":"2019-11-20T10:57:09","guid":{"rendered":"https:\/\/www.editage.com\/insights\/how-to-prepare-a-provisional-patent-application\/"},"modified":"2025-01-15T06:31:12","modified_gmt":"2025-01-15T06:31:12","slug":"how-prepare-provisional-patent-application","status":"publish","type":"post","link":"https:\/\/www.editage.com\/insights\/how-prepare-provisional-patent-application","title":{"rendered":"How to prepare a provisional patent application"},"content":{"rendered":"

The previous article<\/a> provided an overview of the patenting process, ethics, likelihood of success, and the complexities of filing patent applications under the Patent Cooperation Treaty (PCT). It is more accurate to refer to the process as preparing an application, rather than protecting an invention and deriving benefits from it. <\/span><\/span><\/span><\/p>\n

An idea or a set of research results do not become an invention until a patent is granted, and it is granted only when novelty has been established by a patent search. Patent applications are divided into two phases: evaluation, seeing if the idea or device is eligible for patenting, and protection, the actual filing a claim of originality. Because of high costs and other restraints involved in filing a regular patent application, a provisional application for patent is preferred. This article, therefore, centers on the provisional application for patent.<\/span><\/span><\/span><\/p>\n

WIPO<\/b><\/span><\/span><\/span><\/p>\n

“WIPO” \u2013 this may sound like a new brand of cleaning cloth. In a sense, it is clearing the air of confusion often found in discussions about patents. The World Intellectual Property Organization (WIPO), a United Nations Organization, was established “to encourage creative activity, to promote the protection of intellectual property throughout the world<\/a>.” It administers The Patent Cooperation Treaty (PCT), and sets forth basic world standards for patent preparation and filing. While it is a good idea to read this 81-page document, Chapters I through IV in particular serve as an excellent guide to preparing initial patent applications. Once you learn how PCT requirements, it is almost perfunctory to apply them to other countries, because once the application is completed, all PCT signatories accept it.  <\/span><\/span><\/span><\/p>\n

Types of patent applications<\/b><\/span><\/span><\/span><\/p>\n

While we have covered this in the previous article<\/u>, here\u2019s a quick review. All patent applications are written claims of discovering something new on a specific date. They are requests for an authority to recognize that the filer did discover something on a certain date. All applications warn others not to infringe on your idea or device; this is what \u201cpatent\u201d means. WIPO formally defined a patent as \u201can exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem.\u201d<\/a><\/span><\/span><\/span><\/p>\n

As you may already know by now, the operative word in seeking protection for your idea is “application” as there is no provisional patent. However, all applications provide you with a “patent pending” status, meaning you are telling the world you have filed a claim of originality and may be entitled to patent rights. <\/span><\/span><\/span><\/p>\n

These are the types of patent applications available: <\/span><\/span><\/span><\/p>\n