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Provisional Patent Application

A provisional patent application allows you to provide a legal place holder on your invention for a period of 12 months. You can use this 12 month period to further evaluate the possible success of the invention in the market place before going forward with a higher cost non-provisional patent application.  A provisional patent application allows you to use the phrase "patent pending" during the 12 month period. 

If you plan to eventually protect your proposed product or invention with a non-provisional patent, but need immediate protection and a filing date then a provisional patent application may be the best first step.

A provisional application for a patent (provisional application) has a pendency lasting 12 months from the date the provisional application is filed. The 12-month pendency period cannot be extended. Therefore, an applicant who files a provisional application must file a corresponding non-provisional application for a patent (utility patent application) during the 12-month pendency period of the provisional application in order to benefit from the earlier filing of the provisional application.  A utility patent provides protection for a new, original, useful, and functional item of manufacture, process, composition of matter, or machine. Utility patents are best suited for functional inventions, such as gadgets, tools, or inventions with electrical or mechanical parts.

It is important to understand the process of patenting your proposed product or invention before you begin the process. To ensure that you get complete and appropriate legal protection you should contact Maxey Law Offices to schedule an initial consultation.

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