Protecting intellectual property is often a priority for business owners, as this class of assets often allows them to keep a competitive edge in the marketplace. When it comes to reproducible inventions specifically, filing a provisional patent application allows businesses to establish an early filing date with the U.S. Patent and Trademark Office (USPTO), which can mean the difference between effectively protecting a company’s legal rights to an invention and a competitor securing those rights instead.
Unlike filing a non-provisional patent application – which must be filed within 365 days of a provisional application to secure the earlier filing date at issue – filing a provisional application is a preliminary process that allows inventors to claim “patent pending” status for up to one year. It is only after a non-provisional patent application is approved that a business can claim to have an invention that is fully patented.
Early filing date protection
In a “first-to-file” system like that of the United States, securing an early filing date by which a non-provisional patent application will eventually be judged can mean the difference between success and rejection. If two inventors develop similar ideas, the first to file with the U.S. Patent and Trademark Office generally receives priority in securing a patent. Filing a provisional application protects an inventor’s priority while allowing additional time to refine a company’s invention, prepare the related non-provisional patent application and otherwise “get ready” to secure full patent safeguards.
To that end, some companies also utilize the time afforded by the provisional patent process to assess the commercial viability of their innovations. This opportunity provides flexibility to further develop or modify an invention. As businesses grow and products evolve, changes in an invention’s features or functions may become necessary. The one-year period associated with a provisional application allows for this type of development without forfeiting the original filing date. This can be particularly beneficial in fast-paced industries where innovations are continuously refined to meet market demands.
For these reasons, for any business seeking to protect its innovations and maximize its intellectual property strategy, filing provisional patent applications may be an important investment of time and energy.