Patent and Invention Help Forum

Timing Is Everything, Or Is It?

Timing Is Everything, Or Is It?
« on: May 26, 2017, 06:45:12 AM »
Now that I have a Provisional Patent, I've already figured out an improvement on the original design.  So the question is:

Should I wait until near the end of the current 1 year timeline to file a additional Patent (Provisional) and cite my previous one as Prior Art, and get the extra year, or;

File immediately so that the improvement is also granted protection, even though the original Patent would (should?) protect the original design, with or without the added improvement.

The functionality or usage of the design is not changed with the improvement, but it does add value to the end user as well as adding another distinct marketing feature.  Does the 1 year clock make the design change moot since the actual usage of the product is unchanged, and only the improvement would be covered under the new application?

What are the pros and cons of doing it sooner as opposed to later?


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Re: Timing Is Everything, Or Is It?
« Reply #1 on: May 26, 2017, 01:02:30 PM »
You cannot claim priority from one provisional to another or cite the earlier provisional.  You would essentially have to file your updated provisional as a new stand-alone application.   You would then file your non-provisional within 12 months of your first provisional and have the non-provisional link back to both of your provisionals.

If you think this new improvement is important and would be a big selling point of the invention I would play it safe and spend the $65 to file it as a new application and then follow the strategy I outlined above.

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