You’ve likely seen the term “patent pending” on products before, and this label can be beneficial to a business in sales and securing investments. This label can be used once a patent application has been filed. Filing a utility patent application will allow a business to use this label.
However, there is another option that may be more attractive especially if for inventors who are still fine-tuning their inventions. This option is the provisional application. A provisional application consists of a disclosure of an invention filed with the United States Patent and Trademark Office (“USPTO”).
The provisional application has a major advantage because it does not require the level of formality of a full patent application. In fact, some provisional applications are simply copies of research papers, investor decks, or conference presentations related to the invention. A provisional application does not have to include claims and is never examined by the USPTO. It will not result in an issued patent.
Now, why would it be worthwhile to file an application that would not be examined or ever issue as a patent? There are several strategic considerations surrounding provisional applications. The most important is securing an earlier priority date, which impacts the prior art that can be cited against a patent application. Our intellectual property attorneys can provide more guidance on the use of provisional patents as part of an intellectual property strategy.
