As we have learnt in class, filing a provisional patent application is very fast, even taking less than 5 minutes if you already know what to do. Apart from the convenience provided, is there any other reason we should be filing for a provisional patent application? I did a search online and found a post by Gene Quinn detailing the benefits as well as some tips on when is the best time to file.
Firstly, a provisional application is a good way to begin the application process. It is cheaper to prepare, plus there is the micro entity discount for individuals, universities and small companies. It is also to be noted that "it is best to think of the provisional patent application as a lower cost way of starting your journey toward receiving a patent, but it is incorrect to think of the provisional patent application as a cheap way to start the patent process", which means we have to apply with the aim of getting the patent eventually.
Quinn also stated the 75-25 rule which applies to most provisional applications, although he also mentioned the Pareto principle (also known as the 80-20 rule). Nevertheless, what we need to know is that the bulk of the application takes a very fast time to complete, while the remaining 20% eventually takes up 80% of the time. Since it is easy to draft out most of the application, why not apply for a provisional application as we work on the full patent. This provisional application can turn out to be very useful as a form of protection while the final invention is being created. Of course, we need to make sure that the provisional application has all the disclosure included, which does not take very long. Mostly, only what is disclosed early on will enjoy the benefit of the early filing although in most cases, the initial disclosures are the most crucial parts of the invention.
Anyway, apart from the very limited information about the provisional applications publicly available on the Patent Application Information Retrieval system, there is little risk of revealing the invention to the world (although it may appear unfair that we do not get to know about that which could be used as a prior art against us).
Quinn also mentioned that the initial invention will be different from the final invention most of the time. Thus, filing should be done after the invention is just about complete (75-80%). Additional provisional applications can be added and combined together as the invention gets firmed up, until the whole patent is ready to be filed as a non-provisional patent.
In final words, there is really no disbenefit of filing a provisional patent application apart from setting a deadline for your final patent, which should be filed as quickly as possible anyway taking into consideration the fast pace of technological advancement now.
Sources:
http://www.ipwatchdog.com/2013/09/14/the-benefits-of-a-provisional-patent-application/id=45156/
http://patentlyo.com/patent/2014/04/priority-provisional-applications.html
Firstly, a provisional application is a good way to begin the application process. It is cheaper to prepare, plus there is the micro entity discount for individuals, universities and small companies. It is also to be noted that "it is best to think of the provisional patent application as a lower cost way of starting your journey toward receiving a patent, but it is incorrect to think of the provisional patent application as a cheap way to start the patent process", which means we have to apply with the aim of getting the patent eventually.
Quinn also stated the 75-25 rule which applies to most provisional applications, although he also mentioned the Pareto principle (also known as the 80-20 rule). Nevertheless, what we need to know is that the bulk of the application takes a very fast time to complete, while the remaining 20% eventually takes up 80% of the time. Since it is easy to draft out most of the application, why not apply for a provisional application as we work on the full patent. This provisional application can turn out to be very useful as a form of protection while the final invention is being created. Of course, we need to make sure that the provisional application has all the disclosure included, which does not take very long. Mostly, only what is disclosed early on will enjoy the benefit of the early filing although in most cases, the initial disclosures are the most crucial parts of the invention.
Anyway, apart from the very limited information about the provisional applications publicly available on the Patent Application Information Retrieval system, there is little risk of revealing the invention to the world (although it may appear unfair that we do not get to know about that which could be used as a prior art against us).
Quinn also mentioned that the initial invention will be different from the final invention most of the time. Thus, filing should be done after the invention is just about complete (75-80%). Additional provisional applications can be added and combined together as the invention gets firmed up, until the whole patent is ready to be filed as a non-provisional patent.
In final words, there is really no disbenefit of filing a provisional patent application apart from setting a deadline for your final patent, which should be filed as quickly as possible anyway taking into consideration the fast pace of technological advancement now.
Sources:
http://www.ipwatchdog.com/2013/09/14/the-benefits-of-a-provisional-patent-application/id=45156/
http://patentlyo.com/patent/2014/04/priority-provisional-applications.html
If there aren't any disadvantages to filing a provisional patent, I wonder why it is not done more often. One thing I can't think of that was discussed on another blog is that sometimes it is not beneficial to play out your cards that early in the game when competitors can detect where you are at. Sometimes it may play against the benefit of the company of the competitors are more aware of where they are headed due to these provisional patents and be able to benefit from them. Therefore, I think it is extremely important to understand the strategy of your company before making these moves.
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