Q: Need to provisional patent on a device for vision screening. How Do I file a provisionanl patent to build the POC?
The device is not been made yet. I need to file a patent right away. Is there a patent type that is relatively cheap so we can protect our intellectual property until we build a POC?
A:
A couple of points:
(1) Congratulations on worrying about patenting your device. Way too many people build the product, sell it, and then seek to get a patent, only to be told that it is too late.
(2) However, there is such a thing as trying to file a patent application too early. To file for a patent, you need to have an invention, not just an idea for it. You can either build a prototype, or make a bluepring of it, or like. If you have not build a proof of concept for your device, it is possible that you have not yet finished inventing it.
(3) There is no way to get a good patent cheaply. Sorry. You need to raise funds first. To get a patent costs about as much as car; you won't pay for it all at once, but you'll need about $10,000 to $15,000 upfront to get you started.
Good luck!
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A:
Filing a provisional patent application is indeed your best option for quick, temporary protection while developing your vision screening device. This type of patent provides 12 months of protection and allows you to use "Patent Pending" status while building your proof of concept.
To file a provisional patent, you'll need to prepare a detailed description of your invention, including how it works, potential variations, and any drawings or diagrams that help explain the concept. The filing fee for small entities is $70, and for micro-entities (like individual inventors or small businesses) it's just $35. You can file directly through the USPTO website using their EFS-Web system.
Remember that provisional patents are temporary - you must file a regular non-provisional patent within 12 months to maintain your priority date. While you can write and file the provisional patent yourself, having clear documentation is crucial. Consider using the free resources available through the USPTO website, including their patent search database and filing guides, to ensure your application is thorough and well-prepared.
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