Inventor Resources & Information

Invention

An invention is an object, process, or technique, which displays an element of novelty. An invention may sometimes be based on earlier developments, collaborations or ideas, and the process of invention requires at least the awareness that an existing concept or method can be modified or transformed into an invention. However, some inventions also represent a radical breakthrough in science or technology, which extends the boundaries of human knowledge. Legal protection can sometimes be granted to an invention by way of a patent.

The process of invention

Over time, humanity invented objects and methods for accomplishing tasks which fulfill some purpose in a new or different manner, usually with the objective of realizing that purpose in a faster, more efficient, easier or cheaper way.

Ideas as a starting point

Although a new or useful object or method may be developed to fulfill a specific purpose, the original idea may never be fully realized as a working invention, perhaps because the concept is in some way unrealistic or impractical.

A "castle in the air" or a "pie in the sky" (or "castles in Spain") may refer to a creative idea which does not reach fruition due to practical considerations. The history of invention is full of such castles, because inventions are not necessarily invented in the order that is most useful; for example, the design of the parachute was worked out before the invention of powered flight. Other inventions simply solve problems for which there is no economic incentive to provide a solution.

On the other hand, any barriers to implementation may simply be an issue of engineering or technology which can be overcome in time with scientific advances. History is also replete with examples of ideas which have taken some time to reach physical reality, as demonstrated by various ideas originally attributed to Leonardo da Vinci which are now expressed in everyday physical form.

Commercialization

Inventors may be inspired to invent through a desire to create something new or better, simple altruism, or for competitive or commercial reasons. An invention may also result from a combination of these motivating factors. Although many inventors may have in mind the commercialization of their product, very few will secure the funding and support often needed to develop and launch a product in the marketplace, and fewer still will experience lasting commercial success or the economic reward they may have expected. However, inventor associations and clubs and business incubators can be used to provide the mentoring, commercial skills and economic resources which private inventors may often lack. Entrepreneurship and an awareness of the demands of a changing marketplace are typical characteristics of successful inventors.

Most great inventors developed countless prototypes, changing their designs innumerable times. Today much emphasis is placed on research and development, prototyping and finding solutions.

Inventions are one of the chief examples of "positive externalities" (an economist's name for a beneficial side effect that falls on those outside a transaction or activity). One of the central concepts of economics is that externalities should be internalized: unless some of the benefits of this positive externality can be captured by the parties, the parties will be under-rewarded for their inventions, and systematic under-rewarding will lead to under investment in activities that lead to inventions. One important economic effect of the patent system is to capture those positive externalities for the inventor (or the party that hired the inventor), so that the economy as a whole will invest a more-closely-optimum amount of resources in the process of invention.

Provisional Patent Application (Low cost invention protection for a year)

Under United States patent law, a provisional application for patent is a type of national application for patent filed in the United States Patent and Trademark Office (USPTO), but which does not mature into an issued patent unless further steps are taken by the applicant.

It is a patent application with a specification, i.e. a description, and optional drawing(s) of an invention, but does not require formal patent claims, inventors' oaths or declarations, or any information disclosure statement (IDS). Furthermore, because no examination of the patentability of the application in view of the prior art is performed, the USPTO fee for filing a provisional patent application is significantly lower than the fee required to file a standard non-provisional patent application. A provisional patent application can establish an early effective filing date in one or more continuing patent applications later claiming the priority date of an invention disclosed in earlier provisional applications by one or more of the same inventors.

Characteristics

The earliest filing date of a "provisional" (application) may be very important where, for example, a statutory condition of patentability is about to expire and there is insufficient time to generate a complete non-provisional application. In many cases, a provisional is filed the same day as a public disclosure of the invention, which disclosure could otherwise permanently jeopardize the patentability in non-US countries having strict requirements on "complete or absolute novelty." In other cases the provisional application is filed soon after such a disclosure in order to preserve only the inventor's U.S. patent rights.

The date of filing of the provisional patent application can also be used as the foreign priority date for applications filed in countries other than the United States and for an international application, but not for a design patent. The filing of a provisional application triggers a review period for the U.S. license necessary for the subsequent foreign or international filings. Though the "provisional" need not be submitted in English, a translation will be required when (and if) a non-provisional application claims the benefit of the provisional.

A provisional application, as such, is never examined by the USPTO, and therefore can never become a patent. It is also not "published", but will become a part of any later non-provisional application file that references it, and thus becomes "public" upon issuance of a patent claiming its priority benefit.

A "provisional" is automatically abandoned (expires) one year after it is filed. The provisional filing date is not counted as part of the 20-year life of any patent that may issue with a claim to the provisional filing date.

Procedure and benefits

To obtain the benefit of the "provisional" filing date, a non-provisional patent application must be filed, claiming benefit of the filing date of one or more specific provisional patent applications, prior to their expiration.

The provisional patent application is only pending for 12 months prior to becoming abandoned. Thus, filing a non-provisional patent application claiming the benefit of the provisional application must be done within 12 months. Otherwise, the rights to claim the benefit of provisional application are lost.

Such non-provisional application also must name at least one inventor common to those named in the "provisionals", and must claim the inventor's invention as disclosed in the "provisionals".

If a non-provisional application is not expected to be filed within one year, and the patent is not otherwise barred by law, another provisional application may also be filed at any time and start another one-year period (but this does not work in all cases). However, the original priority date of any expired provisional applications will be forfeited.

The provisional priority date is of little consequence for any claims in the issued patent that are not supported by the disclosure in the priority document. This makes it very important that provisional applications be sufficiently detailed. Otherwise, the validity of an issued patent may be challenged as to the priority date of its claims that purport to relate back to an insufficient "provisional". Furthermore, during the year after filing the first provisional (and prior to filing a non-provisional application), it may be useful to file additional provisional applications as improvements are made, and then claim priority of those found useful in drafting the non-provisional application(s).

One popular use of a provisional application is to document and "lock in" potential patent rights while attempting to obtain sponsors for further development (and for more expensive patent applications). This tactic may permit an inventor to defer major patent application costs until the commercial viability (or futility) of the invention becomes apparent. However, wise investors consider provisional applications in view of the long road to potential patentability, not to mention the limitations that may be defined by the prior art.

The advantages of a provisional patent application are:

Ease of preparation, lower cost, and the ability to use the term "patent pending", which can only be legally used when a patent application has been filed, and which may have significant marketing advantages.

As of October 2, 2008, the USPTO small-entity filing fee is $110 for provisional patent applications having 100 or fewer pages of specification and drawings and complexity involved for a provisional patent on the part of both the applicant and the USPTO is generally much less than that of a non-provisional patent application. Thus, it is possible to file a provisional patent application more quickly and cheaply than a non-provisional patent application.

It is also possible to convert a non-provisional application into a provisional, under limited circumstances (e.g., within a year of filing, when the applicant discovers a reason not to pursue the present non-provisional application).

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