What's the purpose behind a provisional patent application?

質問

We are a technology start up located in Sweden. I've heard of provisional patent applications in the United States. How is a provisional patent application different from a regular patent application and when and why does it make sense to file for one?

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回答: 3 public & 0 非公開

Steven weinrieb
弁理士

A provisional patent application is effectively a date-holder to provide an inventive entity with the earliest possible filing priority date for a non-provisional or PCT patent application. Ideally, the provisional patent application should be as complete, accurate, and thorough as a non-provisional patent application so as to in fact be capable of serving as priority for the later-filed non-provisional or PCT application - if there is subject matter in the later-filed non-provisional or PCT application that was not present within the provisional application, that subject matter will not be accorded the filing date of the provisional application but only that of the non-provisional or PCT application. The USPTO filing fee for a provisional application is substantially less than that of a non-provisional or PCT application, however, a provisional application will, by itself, never lead to a patent because the provisional application is never examined. There are several purposes for filing a provisional application - 1) it provides you a patent pending status; 2) it provides you a one-year time frame to file your non-provisional or PCT application, within which you can arrange financing, determine what commercialization of the patented system or method might look like; and 3) it enables you to begin to obtain protection on a device in connection with which you may develop subsequent embodiments - you can file additional provisional applications for such subsequent embodiments, effectively adding the new embodiment(s) to the first/original/preceding embodiments - then when you want to file your non-provisional or PCT application, you can simply file your latest provisional application as the non-provisional or PCT application within one year from the earliest-filed provisional application and you are assured that all embodiments have in fact been included in the non-provisional or PCT application.

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