Many inventors breathe a sigh of relief once they hit “submit.” They start using “patent pending” and assume their rights are secured indefinitely.
Wrong. A provisional application is only valid for 12 months.
Why Does This Matter?
A provisional patent application gives you a maximum of 12 months to file a non-provisional application. If you miss that deadline, your rights can be lost entirely. Also, if you reveal your invention to the public after you file the provisional application but before you file a foreign patent application, you will lose your ability to file in some countries.
Here’s How to Avoid this Mistake
Mark your calendar. Set reminders. That 12-month clock is not flexible. If you’re serious about protecting your invention, use that time to refine your design, explore funding, and prep your non-provisional application.
Better yet, talk to a patent attorney well before your 12-month window closes, especially if you didn’t have one help you with your provisional application or used some bare-bones online service.
If you’d like help with a patent, let’s talk. You can use my contact form or book a consultation online at kingpatentlaw.com or by calling my office at 312-596-2222 or 217-714-8558.
Please check out the other posts and pages on my website for more information on patents and other intellectual property and business law issues.
