Debunking Myths About Provisional Patent Applications

Provisional patent applications are a useful tool for patent applicants to preserve patent rights for a 12-month window before filing a formal patent application.  However, they can create a false sense of security for applicants who don't take the time to prepare a proper provisional filing.

In years past, a provisional patent application often consisted of a research paper, a marketing brochure or a very short description of an idea that the inventors planned to develop. Unfortunately, many patent applicants still consider a "quick and dirty" provisional application to be sufficient to preserve patent rights. Recent changes to U.S. patent law, along with recent court decisions, make it clear that a provisional patent application must fully describe and enable the invention.