Although you can convert a provisional application into a non-provisional application, the USPTO recommends filing a separate non-provisional application that references the earlier provisional one. Doing so can extend the time your invention is protected by up to one year. A non-provisional application includes a lengthy written document with a description of your invention and all the things you claim you invented, as well as drawings, an oath or declaration and fees for the filing, research and examination of the application. The USPTO recommends using a registered patent attorney to draft and file your non-provisional application. USPTO regulations include specific requirements for the format of applications and the necessary drawings -- and examiners reject applications that don't meet these requirements.Don't Talk About It
If the invention has been described in a printed publication anywhere in the world, or if it has been in public use or on sale in the United States before the date that the applicant made his/her invention, a patent cannot be obtained. If the invention has been described in a printed publication anywhere, or has been in public use or on sale in this country more than one year before the date on which an application for patent is filed in this country, a patent cannot be obtained. In this connection it is immaterial when the invention was made, or whether the printed publication or public use was by the inventor himself/herself or by someone else. If the inventor describes the invention in a printed publication or uses the invention publicly, or places it on sale, he/she must apply for a patent before one year has gone by, otherwise any right to a patent will be lost.How difficult is a patent search?
Conducting a thorough patent search is difficult, particularly for the novice. Patent searching is a learned skill. A novice in the United States could contact the nearest Patent and Trademark Depository Library (PTDL) and seek out search experts to help in setting up a search strategy. If you are in the Washington, D.C. area, the USPTO provides public access to collections of patents, trademarks, and other documents at its Search Facilities located in Arlington, Virginia. It is possible, however difficult, for you to conduct your own patent search.Typical Filing Fees for an Independent Inventor
$625 - $825 for the filing fee with no more than 3 claims, which is non-refundable whether or not a patent is granted. This is the fee to have your application "examined" by the USPTO and your patent application may be rejected.how do i know if my idea has been patented
Checking to see if your idea has already been invented before applying for a patent saves you time and money. A patent gives you exclusive rights to the product or idea you invented and a way to fight intellectual property theft. The United States Patent and Trademark Office checks your idea against existing patients and pending applications during the application process. Your patent will be rejected if it's too similar to an existing patent, costing you the application fee. While you might find ideas that are similar to yours, you can still patent your idea as long as you show on the application how your take on the patent object is new. You can search for existing patents using various methods, including the USPTO's online database or in person at a field office.