If a provisional application provides none the legal benefits of an issued patent, what does it protect?
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If a provisional application provides none the legal benefits of an issued patent, what does it protect?
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This was posted one year ago
"There is no such thing as a "provisional patent." However, there is such a thing as a "provisional patent application." This distinction may seem minor, but it cannot be reiterated enough that a provisional application provides absolutely none the legal benefits of an issued patent (i.e., preventing others from making, using, and selling your invention)." so my question then is what are the benefits of a provisional application if it can not prevent others from making use of the invention? For example, if I file provisionally, and then I need to find a company interested in my invention, produce a prototype and help me with the final patent, how I prevent them from taking over my invention without me?
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bcnu
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A "provisional patent application" reserves your right to file a patent application later, after discussing it with others, making and selling samples, etc. In most countries, simply selling a product using the invention, or disclosure of the invention, would immediately terminate any possibility of filing a patent application; it is "public knowledge".
Another nice feature of provisionals is that you can use the term "patent pending", which has no legal effect, but can warn off potential infringers. Their fear is that once you file and obtain the full patent, you can step in and take their entire infringing business away from them.
You can also file any number of provisional patent applications (they are very inexpensive), collect them all (or just the useful ones) later by cross reference, and claim "priority" for their respective features when you draft one or more full utility patent application (up to a year later).
In that sense, a provisional could provide a legal benefit: in case of an "interference" it gives you senior priority of filing over anyone who has a similar invention but didn't file until AFTER your provisional filing dates. So, for example, if your theoretical company "takes over" your invention and files a patent application on its own, you have strong proof that you were the inventor and that their application should be disallowed as interfering with your claims. |
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