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Should You File a Provisional Patent Application?

Patent filing can be a complicated process, and innovators often do not know how or why something should be done. One issue that has ended up confusing innovators quite a lot is the existence of Provisional Patent Applications.

If the question is that if it is mandatory to file a provisional patent application, the simple answer to that is no.



Innovators must keep in mind is that a provisional patent application cannot be used to directly secure a patent. Examiners only scrutinize and grant patents to complete (or non-provisional) patent applications.

However, filing a provisional application could be advantageous in some cases. Specifically, it may be useful to do this if your invention is not yet complete but is still in the process of being developed.

In such cases, filing a provisional patent application will help you secure a priority date. This means that your effective date of filing would be the date of filing of the provisional patent application, even if your complete application is not yet filed.

A complete application must be filed within 12 months of filing date of the provisional patent application. This in turn will give you ample time to assess and evaluate the market potential of your invention.

Failing to file a complete application will make your patent automatically lapse, leading to the innovator not being able to get a granted patent.

In conclusion, it is not necessary to file a provisional patent application and a complete application can be filed directly at the patent office instead. However, if your technology is still in the stage of development, you should consider filing a provisional patent application instead, as it may grant you some additional advantages.

Contact Us at info@thepalaw.com if you want to know more about the differences between provisional and complete specifications!


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