Medical Device Commercialization Overview

Obtaining a Provisional Patent

Can you protect your idea?

As soon as you have developed intellectual property that might be able to be protected under patent, you should consider applying for a provisional patent. A provisional patent application will establish a filing date. This is important because, under current US law, patent rights are granted on the basis of “first-to-file”, not “first-to-invent” (as was the case prior to 2013). Note however, that a provisional patent is valid only for 12 months. If you do not submit a non-provisional application within the 12-month time frame, you risk losing your patent rights.

Although Forma does not undertake patent application, we can refer you to several law firms that specialize in patent law. We can develop sketches that depict the product and details of its patentable features.

Learn more about provisional patents at the US Patent Office website: http://www.uspto.gov/patents-getting-started/patent-basics/types-patent-applications/provisional-application-patent