Provisional Patent Applications

by David W. Rouille and Russell W. Binns Jr.

Provisional applications are a new type of patent application in the United States. Provisional patent applications offer a cost-effective procedure that establishes a filing date, while providing time to consider whether to pursue further patent rights. Provisional applications are also useful when a public disclosure or other event that could effect the patentability of the invention is about to happen and patent protection is desired.

Patent applications may claim priority based on the filing date of a provisional application, provided the utility applications are filed within twelve months of the filing date of the provisional application. Applicants can use the one year provisional application period to test marketing, experiment, sell, or present the invention to the public, without effecting the patentability of the invention and without paying the high costs associated with filing a utility application. They are also especially useful when a public disclosure or other event is about to occur that could effect the patentability of the invention.

©WSGH® 1997 This article is for informational purposes only and should not be construed as a legal opinion. For more information contact: Weingarten, Schurgin, Gagnebin & Hayes LLP, Ten Post Office Square Boston, MA 02109, (617) 542-2290 Any reproduction or use of this copyrighted article other than publication in a single issue of your newsletter requires prior permission of WSGH.

David W. Rouille is a patent attorney specializing in patent prosecution. Russell W. Binns Jr. is a patent attorney specializing in patent litigation. Both can be reached at (617) 542-2290 or by e-mail at [email protected] or [email protected].

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