Many clients inquire as to whether to file a provisional patent application rather than filing a full utility patent. In the majority of cases, we suggest clients file a full utility patent. However, there are a few scenarios in which it is appropriate to file a provisional patent. First, here are some of the practical considerations of filing a provisional patent:
- Provisional patents expire in 1 year, therefore a full patent must be filed within this time period
- Provisional patents becomes part of the record if converted into a full utility patent, therefore, an informally prepared provisional patent may damage the value of a later filed professional utility patent
So when is a provisional patent appropriate?
- A provisional patent is better than not filing any patent; therefore, if a client cannot afford any patent protection, a provisional patent is better than disclosing a potentially valuable concept.
- A provisional patent may also be filed in the early stages of product develop to obtain "patent pending" status without committing to a particular design.
Notes:
I always suggest clients hire a registered patent attorney to prepare and file provisional patents so as not to damage any future intellectual property rights.
