The provisional Patent application is filed prior to permanent patent registration to have an advance and interim protection for the invention. The same can be filed with temporary specifications. This is an inexpensive method of protecting an invention temporarily until final patenting. A provisional patent has a life of 12 months from the date of filing and a formal application for permanent patent is to be filed within one year or else the provisional patent application will be considered abandoned.
Benefits of Provisional Patent
The process is simple with minimal technical requirements enabling less time and money to prepare and file a provisional patent application. The provisional patent filing fee is also lesser than a full patent fee.
Assess Commercial Viability
The applicant has the advantage of the provisional patent’s one-year pendency period to evaluate the commercial potential of the invention before filing a full patent and entering the market.
If a dispute arises over invention ownership, the Patent Office will accept the provisional patent’s earlier filing date as the date of filing. Further, the first-to-file system ensures that the holder of the provisional patent would be given priority while granting a permanent patent.
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