The United States Patent and Trademark Office today posted a notice that it wants to make changes to the non-provisional application process that would have the effect of extending the provisional period by 12 months.
This additional 12 months essentially would give inventors two years before they have to officially file for a patent and begin what can be a long – and certainly expensive – IP journey. This could give more time for independent inventors and small entities to gain market traction or investor support for their inventions. Many have been calling for such a change for years.
Here is the official Provisional Patent Proposal
The proposed rule change comes on the heels of other small inventor-friendly policies, under the leadership of USPTO Director David Kappos. Late last year, he unveiled a plan to fast-track patent applications for independent inventors and small- and mid-sized entities. Those with two or more applications can move to the head of the line, provided they drop one of their other less-pressing applications.
The USPTO is now seeking public comment on its latest initiative to extend the provisional patent application process. If you’re an inventor who would like more runway to get your invention off the ground and into the market, then you should be all for this plan.
Written comments should be sent via e-mail to [email protected].
The USPTO strongly prefers e-mail.
Comments also may be submitted by mail addressed to: Mail Stop Comments–Patents, Commissioner for Patents, P.O. Box 1450, Alexandria, VA, 22313-1450, marked to the attention of Eugenia A. Jones.
This is great news!
I have an idea that I have been holding because I know that I don’t have the backing yet to applly for the other patent. This will help me get my idea on the books and moving, now that i have more time to work.
Great to hear of this great news.
Thanks for thinking of the independent inventors. Independents don’t have the financial backing and resources as the larger companies so ,therefore, it may take us longer to collect to funds and complete the marketing and licensing process. Thanks for the new change that may take place concerning the extension of the provisional patent…you have my vote.
Extending the provisional patent period to 24 months is a great idea. It will give the small inventor the time necessary to gauge market acceptance or raise additional capital to file the more expensive non-provisional applications. I am holding off on several patents right now due to the economical climate coupled with the fact that very few companies are investing in new product launches at this time. Also from the time of initial contact with a potential licensee and getting to finalized deal points can take any where from 3 months to a year. One year is not always enough time. Maybe an alternative approach could be to allow one to apply for an extension for a small fee. Another great idea!