(c) 2020–2025 Manu Chatterjee — deftio (at) deftio (dot) com
For entrepreneurs and inventors, understanding Intellectual Property is important. One of the key aspects of IP is obtaining a patent. Patents grant the owner the right to make or produce something exclusively for a period of time (typically 20 years from the date of filing).
This repository contains a template that anyone can use to draft a simple provisional patent and file it with the US Patent Office.
I've been through several startups, worked at some very large companies, and had several patents granted. I have used the template here for many of my filings and for assisting other startups in getting their first filings done. More importantly, by using a good template, it saves time when you convert a provisional patent into a full patent filing.
This repo is an overview of provisional patents from a creator/inventor's point of view, along with a template and an explanation of the patent process. I'll touch on US-based patents, provisional patents, and conversion, but I strongly advise that you seek professional legal advice if you are inexperienced with the Intellectual Property landscape. Also, patents cost money to file and issue (in addition to your time and any legal fees). Patents are not automatically enforced by any government agency. It is the responsibility of the patent owner to identify infringers and to use legal action to effect a result.
I am not a lawyer and cannot provide legal advice. If you have any doubts, please seek the advice of a patent attorney.
A full tutorial on using this template is published here: Patents for Startups and Inventors with Examples and also here.
- Word (.docx) version: Provisional Patent Template .docx
- RTF version: Provisional Patent Template .rtf
- Filled-out example: Provisional Patent Filled Out Example .pdf
Here is the USPTO page for getting the latest provisional patent filing sheet SB016. This is the "boilerplate" which contains the office-type info, such as the address of the inventors and docket or signature info.
Here is a link to file with the USPTO online: USPTO online filing
International filing? This is a US-based form, so once you file your provisional you can use the filing date and your filled-out application (including your filled-out template) to assist your legal counsel in obtaining patent protection in other countries. Be sure to observe specific time limits.
Filing patents can be expensive. While patents are one of the strongest ways for their owner to protect themselves from being copied, a patent grants the owner the right to make or produce something exclusively for a period of time (typically 20 years from the date of filing). Securing patent rights can help an inventor or small business protect unique product features from being copied and can make it easier to raise money. However, securing patents can be expensive, time-consuming, and may not even be appropriate for many businesses.
When a patent is granted it does not mean it is enforced. If someone violates (infringes) your patent, it is up to you as the patent holder to litigate the infringer. Patent lawsuits can be extremely costly. All the patent does is give you the right to challenge persons or companies that may be copying your invention. For this reason, certain businesses (for example, restaurants) don’t really need patents at all. Even a secret formula is often better left as a trade secret than as a patent. So, while patents do secure a limited-time right of monopoly for an idea, the enforcement path must also make financial sense to justify the expense of obtaining a patent.
For tech startups, investors take a slightly nuanced view. A patent can function as a barrier to entry for a competitor, which can buy the startup time. Also, patents can be bought, sold, or licensed. These can bring financial value in the right context.
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Identify the patentable material. To be patentable, an invention must be "novel," "useful," and "not obvious."
- Novel: Not citable in any previous prior art. Prior art isn't just other patents; it can be any existing documents, manuals, old books, etc.
- Useful: Does something useful. This utility can be very small and can be specific to an arcane science, but should be clear to someone "skilled in the art."
- Not obvious: Is something that a trained person in the area of the invention would not likely think of.
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Write a document (that's the template included here) that describes the invention. It must include all the inventors, a description, and at least one claim. Make sure the documentation is complete so that a person skilled in the area of the invention could make it using the description as a recipe.
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Fill out the appropriate "Application Data Sheet" (ADS), which is a cover-letter form that goes with the filled-out patent info.
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File with the patent office directly (see links section) or send your completed template to your attorney. By using the template, you can save your attorney time (and hence you money). Plus, it includes other details that make conversion from provisional status to full status easier.
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Pay the appropriate fee. Latest fees are listed here: USPTO Fees
- A provisional patent is not examined by the Patent Office for patentability; instead, it functions as a placeholder (assuming all the parts are provided).
- The term of a provisional patent is 12 months from filing. This means the holder has 12 months to convert the provisional patent to a full-blown patent application. This is a hard deadline and can't be extended (note: there are some extremely rare circumstances where this can be appealed by a couple of months, but it comes at high costs and requires specific legal expertise—stick with 12 months).
- You cannot file a provisional patent on a design patent.
- Once a provisional patent is filed, the filer can claim "patent pending" on all public product documentation.
The following are supplementary links on provisional patents and how they are used:
- US Patent Office Provision Patent Overview
- US Provisional Patents: What you need to know
- What type of IP Protection do you need?
- LegalZoom: Overview of Provisional Patents
- IP Watchdog: Provisional Patents
- Wikipedia on Provisional Patents
- Provisional Patents at Forbes
- Patentfile.org — resources for inventors with examples
- Patent Process for Startup Founders
This template and the examples are provided under the BSD-2 license