Ever wondered what the smartest choice is for your first patent application filing?
Many inventors choose to file a provisional patent application in the U.S. as their first step. While this approach secures a "priority date," it is not always the smartest choice, especially for the financially cautious inventor or first-time inventors. In case you are looking for a cost-effective patent filing, this article is for you.
In this article, we’ll explain why a different approach to a first patent filing may save you time, money, and unnecessary risk on your way to global patent approval.
Why Provisional Patent Applications May Not Be the Best Patent Filing Strategy
When you file a provisional patent application, you secure a priority date and essentially have 12 months to file a follow-up application. This follow-up could be in the form of either:
- Separate patent applications in designated countries, or
- A PCT (Patent Cooperation Treaty) application, followed by national phase applications 18 months later.
However, neither option allows you to know whether your invention is likely to receive patent protection. This is because provisional applications are not examined by any patent office during this period.
As a result, once your application is eventually examined, it may face rejection in multiple jurisdictions for lack of novelty or an inventive step. Such rejections can result in significant financial losses—losses that could have been avoided had the application been examined earlier.
Even worse, some inventors opt to file national phase applications directly in multiple countries without prior examination, exposing larger sums of money to unnecessary risk.
Patent filing strategies - The Smarter Alternative
Instead of filing a provisional application, consider filing a first filing application in Israel. Here’s how it works:
- Complete and Ready for Examination: Draft a complete application, including claims, with the assistance of a skilled local patent attorney. The application should be filed via an Israeli patent agent.
- Request Accelerated Examination: When filing, request accelerated examination by paying an additional official fee of approximately $300 USD.
- Receive an Official Examination Report: Within just 3.5 months, you will receive an official examination report from the Israeli Patent Office. This gives you ample time—up to a year—to address the examiner’s feedback, possibly multiple times, and obtain a registered patent- within the priority year.
- There is no need to translate your application. English is the most commonly used language by the Israeli Patent Office.
By the end of this process, you will have a solid understanding of your application’s likelihood of success in other jurisdictions.
Key Advantages of This Approach
- Increased Confidence: When filing in other countries, you’ll already know your patent’s potential for approval, significantly reducing risk.
- PPH Benefits: The Israeli Patent Office participates in the Patent Prosecution Highway (PPH) program. This means you can use the positive examination results to fast-track applications in participating countries, including the U.S.
- Lower Costs: Many countries require annual maintenance fees for patent applications. A faster prosecution process means fewer fees while the patent is still pending, saving you money.
- accelerated patent process- the overall duration of the patent prosecution process will be faster.
Summary
For a relatively small investment, you can save a significant amount of money by:
- Avoiding unnecessary rejections,
- Accelerating the patent process in multiple countries, and
- Using your resources more effectively.
Choose the smarter path for your patent journey—file in Israel and make your money work harder for you!
Have questions about filing your patent? Contact us today for expert guidance!