After you submit a Provisional Patent Application

Table of Content

1.1 What Does the USPTO do?

1.2 What can you do?

1.2.1 May mark product with “patent pending” or “patent applied.”

1.2.2 Multiple PPAs can be filed

1.2.3 Convert a PPA application to a utility-patent application

1.1 What Does the USPTO do?

The USPTO issues a filing receipt once you submit your application. In the event of an issue, they send you a notice to rectify the problem, such as missing filing fees

1. . The USPTO accepts your application and will give you a filing date.
2. It sends you an acknowledgment of receipt.
3. If you have any problems, the USPTO can send you a notice stating why. You have two weeks to reply. To avoid any late fees, you need to respond fully within the time limit. The application can be abandoned if it is not answered within six months.

1.2 What can you do?

1.2.1 May mark product with “patent pending” or “patent applied.”

Your application will be considered pending once the USPTO has sent you your filing receipt. If you sell or make a patented product, you can show the “patent granted” or “patent pending phrase. This applies to all applications, including a PPA, utility patent, or design patent.

Although the term “patent in process” is more popular, it means “patent filed.” Manufacturers use it to claim a claim on a product. This is because the USPTO has already received a patent application.

Although you may use these phrases, they don’t confer patent rights. Your invention can still freely be copied without your permission. But, this does not stop people from copying your invention. You can also exercise your property rights if the USPTO grants your patent later.

You could be fined if you falsely use the words “patent filed” or “patent in process” to indicate that you haven’t filed a patent application.

1.2.2 Multiple Provisional Patent Application can be filed

While you can file multiple provisional patent applications as necessary, it is essential to convert all provisional applications within one calendar year of their earliest filing date.

1.2.3 Convert a PPA application to a utility-patent application

The 12-month expiration of a PPA’s pendency automatically renders it inactive. Therefore, to retain any PPA benefits, you will need to file a non-PPA to claim the benefit of the earlier PPA filing date. In addition, your inability to claim priority under the PPA means that the use and sale of your invention will be considered prior art. This applies to all subsequent patent applications.