What are the pros and cons of filing a provisional patent application?
There are a number of benefits. • You can take up to a year to assess whether your invention has commercial potential before you commit to the higher cost of filing a regular application for a patent. • You can use a “Patent Pending” notice to deter others from copying your invention. • You may be considered the “first to invent,” even before building and testing your invention. • You establish an official United States patent application filing date for your invention. • Your application is preserved in confidence. • You get an extra year of patent rights if your regular patent application is issued. There are some potential drawbacks you should be aware of. • Inaccuracy will undo your protection. Some examples are leaving out an element of your invention, failing to explain all of the operating elements, or using faulty supporting data or drawings that don’t match the written description. Nolo disclaims any responsibility for applications that fail to accurately describe how to make
