| Provisional applications used to be the very first | | | | such, the specification and the drawings must be |
| step of the patent application process. Provisional | | | | complete. |
| applications were typically written by the inventor | | | | One of the main reasons that people used to |
| and then sent over to the USPTO. Sometimes, | | | | prefer provisionals over non provisional patent |
| these provisionals were proof read by a patent | | | | application is the idea that they can put off a large |
| attorney even though they were incomplete. As | | | | amount of the cost. Moreover, it used to be |
| a result, inventors would save time and money. | | | | thought that they can get your foot in the door a |
| Unfortunately,case law now requires that | | | | lot quicker, and then you will be patent pending a |
| provisional patent applications be completely | | | | lot sooner. |
| enabling and nearly match up word for word with | | | | The fact is that provisional patent applications |
| their non provisional counterparts. | | | | should only be able to save 20-25% of the |
| The main problem with Provisional applications is | | | | attorney’s fees if done properly. The |
| the fact that all of the enabling information has to | | | | reason for this is that most of the attorney’s |
| be provided in the provisional. And this | | | | fees are directed to the specification and |
| provisional must match up with a high degree of | | | | drawings. And for many patent attorneys, the |
| similarity with the non provisional in order to be in | | | | specification is broadly outlined from the claims to |
| pendency. If this requirement is not met, then | | | | begin with. |
| the subsequent patent will not be enforceable at | | | | For these reasons, in the event that you do |
| trial. | | | | choose to use a provisional you need to make |
| The concept of Enablement requires that the | | | | sure you have an experienced patent attorney |
| patent show all the pieces, steps, and | | | | draft the provisional. The application must include |
| embodiments necessary to teach one skilled in | | | | all of the embodiments, parts that an ordinary |
| the art how to make and use the invention. As | | | | nonprovisional would include. |