Question
Hi! I have heard a lot about provisional patent applications in the US, which are supposed to be really popular with startups. I'm not quite sure what the difference to a regular patent is, could you perhaps give some pointers? Also, since we are currently focusing our product development on the European market, what would be the equivalent in terms of European patents?
Answers: 5 public & 0 private
Neither the European Patent Convention covering 38 Contracting States across Europe nor national patent laws provide for a provisional application in Europe. In fact the US provisional patent applications appears to be a quite unique - but not magic - instrument.
As already stated, to be effective, the US provisional application has to be as complete, accurate and thorough as a non-provisional application.
You could effect filing of a national patent application (e. g. a German patent application drafted in German or English) and subsequently (i. e. within one year of the first filing) filing a European patent application based on and claiming priority of the national application. Moreover, with regard to costs, your decision on the filing of the European patent application can be based on search/examination results from the national filing - something that cannot be achieved with the US provisonal application!
As your are based in Germany, you don't have to enage a patent attorney, but it is highly advisable to do so as some deficencies of an application cannot be fixed after filing and would, thus, be fatal.
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