Provisional Patent?

Question

Hi! I've talked to another tech entrepreneur who said he got a provisional patent for his intention for little money while still in the bootstrapping phase. He said without that he couldn't have received the funding he attracted in the seed round. I'm inclined to believe him, but then what exactly is a provisional patent? If it's so cheap, why would I file for a "regular"patent instead? Obviously there is a difference, but maybe someone with more expertise can explain this to me, thanks!

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Answers: 3 public & 0 private

25da12c4d3
Patent Attorney

He is referring to his filing a provisional utility patent application, not "getting a provisional patent." Filing a provisional utility patent application is a somewhat-abbreviated and generally less-expensive alternative to a non-provisional "regular" utility patent application. The main difference between a provisional and non-provisional application is that the provisional application generally does not have claims and it is not examined. A provisional application is filed primarily to get a priority filing date and if the applicant follows the provisional application with a non-provisional application within a year's time, the applicant can claim the provisional application's filing date as the priority date (at least for that matter in the non-provisional that was also disclosed in the provisional). Not only is it very advisable to at least file a provisional application before disclosing technological details, a prudent investor will want to see a startup take whatever steps available to protect its IP. In the long run, there isn't much that is "cheap" about the patent process – perhaps only the $65 micro entity provisional application filing fee. You should consult patent counsel in private to discuss your IP goals to get actionable advice.

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