Released Inventions

Patent Prosecution and IP Counseling

         What is a patent?

         What is the process?
          o   Search
          o   Provisional v Nonprovisional
          o   Filing
          o   Prosecution
          o   Issuance
          o   Continuation
          o   Maintenance

         Bar Dates

         What is a Trademark?

         What is a Copyright?

Provisional v Nonprovisional - A provisional patent gets an inventor a filing date. However, after one year a provisional patent expires. If a nonprovisional is filed within one year, it will assume the priority date of the provisional patent. The nonprovisional patent is what is prosecuted and is what hopefully issues as a patent.

So why file a provisional? Provisional patents are cheaper than nonprovisional patents. And it gives the inventor a year to determine if the invention really has commercial potential. Additionally, there are events that occur that can bar an inventor from receiving a patent. If an inventor publishes, sells, or publically uses the invention, a patent must be filed within one year for protection within the United States. (An inventor must file before he does any of these events to get foreign patent protection.)

There are cases when an inventor is in a rush to publish an article or give a presentation that discloses the invention and it is prudent to file a provisional application before the activity.