Provisional
Patent Applications - When to Use Them
A provisional
application is basically just a description of the invention. It does
not need claims or the other parts of a regular patent application.
This means that you can file a provisional application less expensively
and more quickly than a regular patent application.
Some
situations in which that is very useful include:
- If you want to get something on file before going to a trade show
or offering your product for sale, but do not want to take the time
or spend the money for a full-blown patent application before finding
out whether the product will sell.
- At the last minute, someone is going to give a speech disclosing
his invention, which would destroy his foreign patent rights. We
can file the text of the speech as a provisional patent application,
which preserves the right to apply for foreign patents.
Filing a provisional application is not a wasted effort, because
the information from the provisional application can be used later
in preparing the regular patent application. The only cost that cannot
be applied toward the regular patent application is the PTO filing
fee, which is low -- $75 for small entities and $150 for large entities.
CAUTIONARY NOTES:
- A regular application must be filed within one year of filing
the provisional in order to take advantage of the filing date of
the provisional application. If no regular application is filed
within the year, the provisional application simply expires.
- Any foreign filing must be done within one year of filing the
provisional if the provisional is to be considered the original
U.S. application.
- A provisional patent application is only useful to the extent
that it discloses the invention you later want to claim.