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ARTICLE · 22 OCTOBER 2013

"Enablement, Enablement, Enablement": Evaluating The Strength Of A Provisional Patent

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There’s an old saying that, when it comes to establishing the value of real property, it’s all about "location, location, location."

United StatesIntellectual Property
John Lanza
John Lanza
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There's an old saying that, when it comes to establishing the value of real property, it's all about "location, location, location." When it comes to intellectual property, it can be said that it's all about "enablement, enablement, enablement." This is true whether one is considering a utility patent application, which can ultimately mature into a patent after examination, or a provisional application, which cannot.

A provisional patent application is often referred to as a "bookmark" or a "placeholder" since it establishes a priority date for the subject matter disclosed in the application as filed. However, a provisional application is valid as a priority date marker only for that subject matter which is disclosed by the application in the manner specified by 35 U.S.C. 112 – that is, in a manner that allows one of ordinary skill in the art to make or use the claimed invention.

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