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

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弁理士

Another advantage of a provisional application is that should you decide that your invention disclosed in the provisional application is not ready to be commercialized, you can allow the application to lapse without the contents of the application being made public knowledge. This provides you the option of re-filing the patent application at a later date without the earlier provisional patent application being used as prior art against your re-filed application (do note, however, that the re-filed provisional application will have a later priority date). This is not possible with a standard patent application whose contents will be published some time after filing. Allowing a standard patent application to lapse often means losing your rights to the invention disclosed in the application.

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