Despite Covid-19, patent filings during the first three months of the pandemic actually increased in the US.1 But if your company hit the pause button on patenting, how do you catch up?
Provisional Patent Applications
Passing the America Invents Act (AIA) in 2013, the US joined the rest of the world in the race to patent. Even during a pandemic, the applicant that files first will receive priority over all others. No special pandemic rules change this. If you or your company cannot afford full application drafting and filing costs now, filing a provisional application for $280 ($140 for small entities), often with existing internal documents drafted by your own engineers, allows you to stake out your place in line and provides you with a one-year grace period to continue innovating, analysing the market, and developing a worldwide patenting strategy before committing larger sums of money. Well-written provisional applications may attract investors and funding while protecting your ownership in your ideas. Consulting a patent attorney or agent at some point before filing is recommended.
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Originally printed in Intellectual Property Magazine in the September 2020 edition. This article is for informational purposes, is not intended to constitute legal advice, and may be considered advertising under applicable state laws. This article is only the opinion of the authors and is not attributable to Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, or the firm’s clients.
