Mon 6 Mar 2006
Provisional or a non-provisional patent?
Posted by Dan under Patents/Inventions/TechnologiesQuestion: I need to get a patent, but not sure if I should get a provisional or a non-provisional patent first. I heard that it will cost more in the long run so is it worth getting a provisional patent first.
Answer: There is no such thing as a provisional patent. There is a provisional patent application but the provisional patent application is never examined for patentability by the United States Patent and Trademark Office and will never issue into a patent.A provisional patent application must be converted into a utility patent application (non-provisional patent) within one year after the provisional patent application is filed. Otherwise the filing date of the provisional patent application is lost. A utility patent application will be examined for patentability by the United States Patent and Trademark Office and could issue into a patent.
If you file a utility patent application then you do not need to file a provisional patent application.
Sometimes inventors file a provisional patent application and try to get the funding to file the utility patent application. However, if they do not get the funding within a year after filing the provisional patent, then they must also pay for the utility patent.
Therefore, if you have the money for the utility patent application more than likely you should file for the utility patent application
instead of a provisional patent application. If you do not have the money to file a utility patent application and have an investor
willing to invest in your invention, then you should probably file a provisional patent application and use the investment funds to pay for the utility patent application. If you do not have an investor before you file the provisional patent application, more than likely you will not find one before the one year deadline to file the utility patent application.
This is just a general summary and it would be best if you discussed the issue with a registered patent attorney. Please be advised that I do not know the details of any particular situation you may have, and am just discussing the general state of the law.
Nothing in this response is meant as legal advice and should not be taken as such and no legal opinions or advice have been expressed. Unless otherwise noted, no attorney-client relationship exists between any attorney at the Law Office of Steven B. Leavitt and any reader of this information. If you have legal questions specific to your individual needs, then you should consult with an attorney or other qualified legal professional.
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