Some patent attorneys file a lot of provisional patents, and others refuse to file any.   We think provisional patent filings can be smart and effective in particular instances.

First of all, a provisional patent application is not a substitute for a nonprovisional (regular) patent application.  Nor is it a cheap way out.  But if you have really good technical papers, like a conference whitepaper or a journal article draft, and your Invention is going to be displayed publicly in less than a month, then a provisional patent application is just the ticket.  Once filed, we’ve got a year to back it up with a nonprovisional patent application, otherwise it expires.  Provisional patent applications do not publish and stay secret.

If you don’t have really good technical disclosures already on hand, then we’ve got to get together and write one.  Once it’s written, then we might as well file it as a nonprovisional patent application.

Nonprovisional patent applications generally publish 18-months after filing.  Most patent applications filed on or after November 29, 2000, will be published 18 months after the filing date of the application, or any earlier filing date relied upon under Title 35, United States Code. Otherwise, all patent applications are maintained in the strictest confidence until the patent is issued or the application is published. After the application has been published, however, a member of the public may request a copy of the application file. After the patent is issued, the Office file containing the application and all correspondence leading up to issuance of the patent is made available in the Files Information Unit for inspection by anyone, and copies of these files may be purchased from the Office.

For more information on provisional patents, go to http://www.uspto.gov/web/offices/pac/provapp.htm

For more information on nonprovisional patents, go to http://www.uspto.gov/web/offices/pac/utility/utility.htm