Posts Tagged ‘provisionals’

Frequently Asked Patent Questions

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Here is a list of the most common questions clients ask me in our first meeting, with links to my posts with detailed responses:

1) Can I get a patent on software and/or business methods? Yes – but the real question is should you?

2) I’ve heard about provisional applications and non-provisional applications; what kind do I need? It depends – on how advanced development is, how soon you’ll be discussing the innovation in non-confidential settings, and how well funded your company is.

3) When do I need to file an application? Timing really does matter and the answer is often as soon as possible.

4) Is it expensive? Definitely. It also takes a number of years to get an issued patent. This means it’s extremely important to determine whether your company would benefit from investing in a patent application – before you file.


Provisionals vs. non-provisionals – what to file?

Chess pieces In an ideal world, inventors would only ever file non-provisional patent applications. We would have plenty of time and resources to thoroughly discuss the invention and work out the claims, draft a detailed specification and prepare a complete application. In the real world, unfortunately, this isn’t always possible. How do you decide whether to file your application as a provisional?

3 Pitfalls of DIY Patent Provisionals

Caution signTechnically, you don’t need a lawyer to write a provisional patent application. It’s true! But you’ll miss out on having a trained eye helping you avoid all the mistakes that await the novice drafter. And, unfortunately, an improperly written provisional can really be just as bad as no application at all. Let’s look at three of the big pitfalls to watch out for.

What is a provisional?

Keyboard button with the word "learn" on itWhat is a provisional application? This is a frequently asked question and is often accompanied by “What’s a non-provisional?”, “Why would I file one or the other?”, and “What are they good for?”. In future posts, we’ll take a look at the pros and cons of provisional applications and at those accompanying questions. But first I want to share with you some basic definitions.