WHO SHOULD USE A PROVISIONAL PATENT APPLICATION?
On June 8, 1995, The U.S. Patent & Trademark Office created a new method of applying for patent protection entitled a “Provisional Application for Patent”. Prior to the introduction of Provisional Patent Applications, the traditional method of securing essentially the exclusive rights of use, manufacture and sale of inventions was to first perform a patentability search to measure the likelihood of achieving meaningful patent protection followed by a full “utility patent application”. That two-step process typically would take anywhere from 4 – 10 weeks, and include costs frequently ranging from $5,000.00 to in excess of $8,000.00 for complex inventions such as fuel cells, computer components, etc. Upon filing of such a utility application, the inventor or more typically the inventors employer could then use the designation “PATENT PENDING”, and could start marketing the invention without loss of any international patent protection. Normal examination by the U.S. Patent & Trademark Off
