There are several key steps to get a patent pending application status for a new, novel, and innovative idea. Once an invention is officially recognized as “patent pending,” it has secured an open application and priority filing date with the USPTO. This status ensures that your application will be prepared and reviewed by the United States Patent Office — while allowing basic protections in the meantime. As an inventor yourself, you should know what the patenting process looks like, before obtaining an enforceable application. Read on to learn about getting a patent pending application status.
Understand The Patent Pending Timeline
Before you acquire a patent pending application status, you should fully understand the required timeline. As soon as you have the patent pending title, the clock is immediately ticking. Your provisional patent application (PPA) will be limited to a one year pendency, which is only extended for unique and extraordinary scenarios. With this in mind, you will need to file for a utility patent application within twelve months. If you miss this deadline, you could face significant fees and penalties. If you are granted an extension, it will only be valid for sixty days. Absolutely, understand the patent pending timeline to get this valuable status on your application.
Choose DIY Or Patent Pending Attorney
Next, choose between do-it-yourself filing or hiring a patent pending attorney. A qualified patent attorney will conduct a thorough intellectual property search, draft your application, then submit it with the USPTO. Exact attorney fees can vary based on the invention complexity, as well as your business classification. The patent search can cost around $299. You should expect to pay an additional $200 for your provisional patent application (PPA), as well as a $60 USPTO filing fee. Of course, these are just simple estimates. Contact an experienced patenting attorney to set up a consultation today. Definitely, choose between DIY and professional filing options to get a patent pending status on your application.
Conduct A Patent Search For The Idea
Once you understand the patent pending timeline, you can conduct a thorough intellectual property (IP) search for your idea. Ultimately, the extent of patent protection is limited by published prior art references and other existing publications. An advanced patent search report helps you identify possible conflicts or comparable directions ahead-of-time. During this process, your attorney will carefully investigate the USPTO database, business presentations, inventor journals, and published catalogs. The best IP lawyers begin with broad keywords that focus on your invention's unique design and functionality. Indeed, conduct a worldwide intellectual property search to get a patent pending status on your idea.
File A Provisional Patent Application (PPA)
Now, you are ready to file a provisional patent online to receive your application pending status. A PPA grants your “Patent Pending” status for a temporary one-year pendency. At the end of this twelve month period, you'll be required to upgrade to a full, non-provisional utility patent. After you receive a PPA, you'll have an official filing date with the USPTO. Additionally, you'll get an official government receipt that confirms provisional application acceptance, along with your new patent number. Surely, file a PPA with the USPTO to receive a patent pending status on your novel invention.
Label Your Product As Patent Pending
Once you receive notice of your patent pending application status, you are ready to start labeling your products. There are a few distinct ways to communicate your new invention status to the public. Some of the most popular include “Patent Pending,” “Pat. Pending,” and “Patent Applied, United States.” There are no specific requirements for embossed design, stylistic stenciling, font size, or typography. Since the rules are fairly subjective, you must make your patent status clear to potential investors, clients, and consumers. Keep in mind, you need to avoid distracting from the visual aesthetics of commercial viability of the product. Certainly, label your products after your patent pending status is approved.
There are several steps to get a patent pending status on your application today. Before you do anything, you should fully understand the patent pending timeline. Next, conduct an advanced, in-depth patent search for your new and novel idea. Afterward, choose between DIY filing or hiring a USPTO registered attorney. With the help of a qualified lawyer, you are ready to file for a provisional patent application (PPA). With this document in-hand, you are ready to start labeling your products with this updated title. Follow the points above to learn about getting a patent pending status on your invention.
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