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Why you need to think long and hard about filing provisional patent applications.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 Article Tags: Provisional Patent Applications, Filing Provisional, Provisional Patent, Patent Applications Source: Free Articles from ArticlesFactory.com
ABOUT THE AUTHORThe Law Office of Andrew Y. Schroeder specializes in Intellectual Property including Patents, Trademarks, and Copyrights. Andrew Schroeder is licensed to practice patent law before the United States Patent, and Trademark Office (USPTO) as well as the State Bar of California. Based in Los Angeles, the Law Office of Andrew Schroeder can be found at Los Angeles Patent Attorney and a free do it yourself Patent Search is available at Free Patent Search Video Tutorial. 
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