subject: File that Provisional Patent Application Instead? [print this page] File that Provisional Patent Application Instead?
Generally, as opposed to filing a regular utility patent application and entering the patent process, filing a provisional application for patent is not recommended. Don't just listen to other inventors, you must do your own research. But it can be used to your strategic advantage.
First, it's a lot cheaper to do and you get Patent Pending status right away. You will be able to mark your products based on your invention as Patent Pending. Maybe you don't even care about getting a patent in the end because you just want the attributes of being patent pending. The public or your investors may be more likely to trust your products.
Second, you'll get a whole year to think things through and work on your invention. There are no such things as provisional patents. So, at the expiration of one year after filing your provisional application, you must file your non-provisional patent application. You get a whole year with patent pending status to think about whether going through the whole process is worth it. If you've tested the market and see that it's not worth it, then you've saved your time and money.
Third, if you don't care about claiming patent pending status, then you can use a provisional to extend the time you have before you must file your non-provisional. You should know that you have one year from your public disclosure to file a patent application. So, basically, this extends your one year after your public disclosure by one more year. Now, you have two years to decide whether going into the patent process is worth it.
Lastly, watch out for companies that file provisionals without explaining to you all the pros and cons of provisionals. You must ensure that your provisional properly discloses your invention and does not limit it in such a way that later when you file your non-provisional you will be unable to use your provisional as your priority date. This would make your provisional worthless. Just something to be careful about.
I suggest you look into it before you file a patent application, provisional or not.
