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