Provisional Patent

Question

I have heard that many startups first protect their IP with a provisional patent. Is it cheaper and/or easier to get than a regular patent? What exactly would than be the disadvantage? We would like to secure patent protection before we start the next funding round, but it would be great to know more about the options available.

Answers: 1 public & 0 private

Steven weinrieb
Patent Attorney

Firstly, with all due respect, you are operating under a myth that you"get" a provisional patent. There is no such thing as a provisional patent, so no one "gets" a provisional patent. What people usually mean, or talk about, in connection with a "provisional patent" is the filing of a provisional patent application - a provisional patent application (PPA) will never, by itself, result in any patent because it is never examined. A PPA, if prepared correctly, serves as a priority date for the person(s) filing the PPA in connection with their later-filed non-provisional patent application (NPA) or a PCT application if they desire to secure foreign patent rights. If you have a truly good disclosure - meaning an explanation of the invention, how it works, drawings, if necessary, then you can file the PPA relatively easily and inexpensively, however, most often, this is not the case, and a PPA must be prepared and it should be every bit as complete, accurate, and thorough as a NPA because the NPA will claim date priority back to the PPA and if the NPA includes material important to the invention that was not included in the PPA, then you do not get the priority date of the PPA for such material but only the date of filing of the NPA. Once you do file your PPA, you have one year within which to file your NPA or PCT application - then the patenting process can actually proceed.

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