Can provisional patents be searched?

It is impossible to search provisional patents online because provisional patents are never published (see Advantages and Disadvantages page). If you find something that is exactly the same, than you should not try to file a patent because the patent office will tell you that your idea is not new.

Is a provisional patent public?

When you file a non-provisional patent application, the U.S. Patent Office will publish it for public viewing whether or not it is allowed as an issued patent. Once the 12-month period elapses, provisional patent applications are abandoned and never published. They, therefore, remain a secret at the U.S. patent office.

How do I stop someone stealing my ideas?

Tips To Prevent Your Idea From Being Stolen

1. Share equity: People are less likely to steal your idea if they become a part of it.
2. Document Everything: Oftentimes, we leak some secrets ourselves.
3. Make your ownership public: If you already got the ownership rights, there’s nothing to lose.

How detailed does a provisional patent need to be?

For one, the application requires only a cover sheet and detailed description of the invention, how it works, and how it is made. Although drawings aren’t strictly required, including them can help communicate your invention effectively.

How long does a provisional patent last?

12 months
A provisional application for patent has a pendency lasting 12 months from the date the provisional application is filed. The 12-month pendency period cannot be extended.

What is required to file a provisional patent?

Provisional patent requirements through the USPTO require the description to completely describe the invention. A description must be complete, clear, and written concisely. The description section should also normally include illustrations and must state the “best mode” for carrying out the invention.

When should I file my non-provisional patent application?

Early filing dates are important because the United States is a first-to-file country (see our guidance on First to File Explained for more info). In order to make this claim of priority and take advantage of a provisional patent application, the non-provisional must be filed within one year of the provisional application.

Do provisional patent applications save inventors money?

Provisional applications do not save inventors money, but they can be used to avoid upfront costs. In addition, provisional applications can be used to meet otherwise unmeetable deadlines, to extend the expiration date of a patent, and to instantly file on incremental changes to an invention before filing a full patent application.

What is a provisional application?

In a nutshell, a provisional application is a temporary placeholder application that allows an inventor to establish the filing date of their invention with the US Patent and Trademark Office (the “USPTO”). A provisional application is never examined by the patent office.

What is a filing date in the patent application process?

A filing date is essential in the patent application process because it establishes a starting point for the protection that is being sought for an invention. Once a provisional patent application is filed, the applicant then has up to one year to decide whether to proceed with obtaining a patent.