It used to be the case that filing provisional applications was the way to go. Oftentimes, these Provisional patent applications were drafted by the applicant, and then express mailed on over to the Patent Office. Through the process, the applicant would save on attorney’s fees and attorney’s fees. Unfortunately, past rules changes have altered provisional patent practice which brings the routine into sharper focus and consternation.
It used to be the case that filing provisional applications was the way to go. Oftentimes, these Provisional patent applications were drafted by the applicant, and then express mailed on over to the Patent Office. Through the process, the applicant would save on attorney’s fees and attorney’s fees. Unfortunately, past rules changes have altered provisional patent practice which brings the routine into sharper focus and consternation.
One of the main problems encountered in the past with provisionals was that it was edited by a patent attorney, rather than drafted from scratch by the patent attorney. The main problem with this is that the original draft would look more like a Sesame Street book than a patent application. This was acceptable because it was believed that so long as you filed a nonprovisional within one year and fleshed it out with more enabling detail, all would be fine. Those days are long gone
One of the principal tenets of patent law is that the inventor must educate the public how the invention is used and made. And for its part, the US Government will return the favor in the form of a legally sanctioned monopoly to the tune of 20 years. This concept is known as Enablement. Simply put, the Enablement requirement demands that the inventor provide enough detail, information, and training within the specification and drawings to enable one skilled in the art to reproduce that invention. And, by extension, where a provisional patent application is not enabled, the resulting patent is null and void. This remains true notwithstanding the fact that the subsequently filed nonprovisional application is properly enabled.
It should be noted here that there appears to be an article of faith that provisional patent applications, properly drafted by a licensed patent attorney are substantially less expensive as opposed to a nonprovisional. To the consternation of some, this is not true. In point of fact, where a provisional is properly drafted, and accompanied by proper drawings, the resulting cost savings should be no more than 25%.
As a result, inventors and other entrepreneurs are advised to file a nonprovisional patent application from the start. You should also know that, in the end, filing a nonprovisional over a provisional will ultimately save you money in the long run. For more information on patents, please visit the Los Angeles County Patent Attorney. Los Angeles Business Attorney
The real meaning of the term patent pending.
The term patent pending basically means that your rights commence from your filing date all the way through the time leading up to your eventual acceptance letter from the USPTO.
How to effectively use patents, trademarks, and copyrights and your intellectual property portfolio.
In order to properly use any tool you need to know what it does. You should know its strengths and weaknesses. The same holds true for Intellectual Property, namely, Patents, Trademarks and Copyrights. By knowing their differences, you can employ these tools to fashion the most suitable IP portfolio for your business or ideas.
