3 ms·

The problem can occur if the provisional patent application were to be found in court not to support the "full patent" filed with a lawyer. For example, if the

The problem can occur if the provisional patent application were to be found in court not to support the "full patent" filed with a lawyer. For example, if the "full patent" includes 10 pages of explanatory text, and 10 drawings, and the provisional patent application filed by the inventor only contains 1 paragraph of explanation, and 1 drawing, aspects of the "full patent" might not be apble to claim priority to (or be suported by)the provisional application.

octoberfranklin 6y ago
I think the legal system is a wee bit more nuanced than counting drawings and concluding "10 is greater than 1".
- jimmydddd 6y ago
  @octoberfranklin. Agreed. You are correct. The law is more nuanced. Mine was intended to be a short example for a layperson. I thought a nuanced 10,000 word response might be overkill in this forum. :-) My intention was to point out that a short provisional patent application prepared by a non-expert in patent law may end up not providing the intended protection.
- pnw_hazor 6y ago
  In the olden days before the AIA (America Invents Act) US Provisional applications provided inventors proof of invention. Back then proof of invention would establish the presumptive priority date for the whole invention. The details could be fleshed out in the subsequent filed non-provisional application. After the AIA, the so-called first-to-file rule took effect where priority date is set based on the date you file the first application (provisional or non-provisional). But for a few exceptions, the first to file wins, first to invent does not apply anymore. Now, US Provisional patent applications only protect the subject matter that is in the fours corners of the document. The only time we file provisional applications now, is if it there is a bar date emergency or the inventors have not had time to approve the draft non-provisional application before the bar date.
  - jimmydddd 6y ago
    @pnw_hazor -- Agreed.

octoberfranklin 6y ago

I think the legal system is a wee bit more nuanced than counting drawings and concluding "10 is greater than 1".

jimmydddd 6y ago
@octoberfranklin. Agreed. You are correct. The law is more nuanced. Mine was intended to be a short example for a layperson. I thought a nuanced 10,000 word response might be overkill in this forum. :-) My intention was to point out that a short provisional patent application prepared by a non-expert in patent law may end up not providing the intended protection.
pnw_hazor 6y ago
In the olden days before the AIA (America Invents Act) US Provisional applications provided inventors proof of invention. Back then proof of invention would establish the presumptive priority date for the whole invention. The details could be fleshed out in the subsequent filed non-provisional application. After the AIA, the so-called first-to-file rule took effect where priority date is set based on the date you file the first application (provisional or non-provisional). But for a few exceptions, the first to file wins, first to invent does not apply anymore. Now, US Provisional patent applications only protect the subject matter that is in the fours corners of the document. The only time we file provisional applications now, is if it there is a bar date emergency or the inventors have not had time to approve the draft non-provisional application before the bar date.
- jimmydddd 6y ago
  @pnw_hazor -- Agreed.