The Provisional Patent: What Smart Innovators Do
Meshack K Masibo
Managing Partner | Payments Licence, Patent Registration, Trademark Protection, Data Protection and Funding Agreements
Picture this: You've created a groundbreaking innovation that could revolutionize the world as we know it or, at the very least, your bank account. Your product is still in the development stage, but you're determined to safeguard it from copycats who could beat you to market. You don't want to apply for a patent yet because you're still working on it, but you need protection in the meantime. Enter the Provisional Patent.
A provisional patent is an application that shields a new invention from being replicated for 12 months before a formal patent application is submitted. It is critical for protecting the filing date, which is one of the most important aspects for any inventor. In Kenya, like in several other countries, the patent goes to the individual who files the first provisional or full patent application in cases of a patent application dispute.
Let's look at an example. You've developed a one-of-a-kind telemedicine platform that links patients to specialists and pharmacists for prescription drugs. However, unbeknownst to you, a colleague from medical school is developing something similar. If you apply for a provisional patent on March 19, 2024, and both of you have the finished product by March 2025 and attempt to patent it at the same time, you will be granted the patent, and you'll be able to exclude your rival or earn revenue by licensing your platform to them.
A provisional patent provides you with more time to improve your invention/product while also providing some legal protection. However, a non-provisional patent, also known as a full patent, provides complete exclusivity for the duration of registration, which is usually 20 years. This patent application is the most commonly filed and should be the ultimate goal for every inventor.
Unlike a provisional patent, which does not require a comprehensive application, a non-provisional patent necessitates a formal application that describes the invention, includes applicable diagrams and illustrations, and includes a statement justifying why the patent should be awarded to the applicant(s). This application undergoes a thorough examination to assess the invention's novelty, inventiveness, and patentability.
The patent office will also seek to determine if there are any comparable patents available, and if there are, the application is likely to be denied. As a result, the process of approval is likely to be lengthier. After the application is granted, the patent remains valid for 20 years, after which it becomes part of the public domain, and others are free to use and market it.
It's critical to safeguard your ideas at every stage of your innovation journey. A patent for each stage ensures that your intellectual property remains secure. While you're still developing your product, you may apply for a provisional patent, which protects you in the interim and eventually evolves into a non-provisional patent/full patent. Don't hesitate to secure your inventive ideas with the provisional patent. It's a vital tool for every smart inventor.
The writer is a lawyer and licensed patent agent who specializes in offering legal services to technology companies and people in technology, you can contact him through [email protected]
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8 个月Really useful info, thanks!