Why File a Provisional Patent Application?
To achieve the benefit of its “priority” filing date, the provisional application must still comply with the requirements of 35 U.S.C. § 112, namely: adequate disclosure of the invention, enablement, and best mode. Yet, if an application is sufficiently prepared to comply with § 112, then why not file a non-provisional application? There are circumstances in which a provisional application makes sense. Following are some, but not all, of the circumstances that may be useful to consider when deciding whether or not to file a provisional application. 1. Advantage: Savings in costs for filing and time for preparation. Since a provisional application is not examined, the applicant is not required to submit claims. The lack of a claims requirement may reduce the time and cost for writing the application. Moreover, various Patent Office rules on the form of the application do not apply. Essentially, any written disclosure can qualify as a provisional application and obtain a provisional fili
