Patent Attorneys
American Patents
American Patents – Overview Of Filing Information
The USPTO (United States Patent and Trademark Office) oversees the registration of American patents.
In the USA, just as in South Africa, one can file a provisional application for American patents.
Why A Provisional Application For American Patents?
A provisional application known as the first patent filing is cheaper than the non-provisional application for American patents.
The applicant must ensure that the non-provisional patent application is done within twelve months from the first provisional patent application date.
During this period the applicant has the opportunity to make changes to the claims and the invention, test the market and get a feel for the commercial viability of the invention before spending more money for the filing of the non-provisional application.
Filing for American patents in this way also holds the benefit of having the earliest possible filing date although in America not the filing date, but the invention date takes priority.
Given the fact that with American patents the invention date is more important than the provisional application date; one should keep record of the date when work on the invention was started.
It is important to keep all notes and every possible evidence as information may be needed should there be a patent interference later on.
Patent interference refers to a process whereby an inventor can challenge a patent’s validity based on the fact they have started work on their invention before the other party.
In such an instance, both parties must submit evidence to support their claim for first invention date. Failure to do so will result in the provisional application date taken as the priority date.
One should also take note that for American patents the patent term is the same for domestic and foreign patent applications.
Contact us at Smit & Van Wyk today for assistance regarding the filing of American patents.
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