Patent and Invention Help Forum

why provisional patent vs. utility patent?

why provisional patent vs. utility patent?
« on: November 20, 2018, 12:03:48 PM »
The provisional patent applications will not be examined. They will sit in the U.S. Patent Office. They are not publicly searchable. If there is a related provisional patent there already, then at the time my provisional patent is examined, mine will be rejected and my prototype effort or my product effort will be waste of time.

If that is the case, why we don't go for the non-provisional directly? Why so many people still go for the provisional first?
« Last Edit: December 02, 2018, 08:10:44 PM by Brad »


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Re: why provisional ?
« Reply #1 on: November 26, 2018, 10:41:59 AM »
Probably the main reason is upfront cost.  Assuming you are hiring a firm it could save you a few thousand in upfront cost (but you may end up paying the same or more in the grand scheme of things if you later do the non-provisional).

Another reason would be if you are still tweaking your idea.  Once you file the full patent application you are essentially "stuck" with what you included so if you are still working out the details of your invention filing a cheaper provisional first to at least get some of the idea on file may be smart and then when it comes time to filing the full non-provisional you can make sure all of the final details are included in that. 

I usually tell people if you (1) have the money to pay for the non-provisional and (2) are about 95% sure you will not be making any further changes to your invention it probably makes sense to jump right into the full non-provisional and just skip the provisional stage.

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