Don't try to shortcut the patent process by using the provisional application option! You could later discover your invention doesn't have the protection you thought it had, and worse, you will have to spend the big money anyway! Here are the facts.

DIFFERENCES
A provisional patent lacks the patent claims section, which determines the scope of protection of an issued patent. Your provisional application is NOT examined by the Patent and Trademark Office, and does NOT, by itself result in a patent. If you want a patent, you will have to file a regular patent application.

It's true that IF (big word) you file a full patent application within the 12 months the provisional application is valid, you might receive protection from the first filing date; but to receive this protection, the invention disclosure you submit with the provisional application must fully comply with the technical invention disclosure requirements applicable to a regular patent application. This DOUBLES your work!

MONEY, MONEY, MONEY
On the surface, it appears that a provisional patent application is less expensive than a full application. That's true, but since you must file a full patent application within 12 months or lose your application, you have wasted your money on a stop-gap procedure. You will also have to pay the full cost of a regular patent application, so the provisional application is an extra cost, not a cost savings. In addition, the patent attorney will have to analyze the invention in detail twice, and this is going to cost you $$!

DELAYS
Filing a provisional application can delay issuance of a patent by up to a year. This is because the examination process for patentability is not started until a regular application is made. Yes, you gain some time if you need it, and we'll talk about that next, but you also delay gaining the real benefits of a patent by the same amount of time.

BENEFITS
The main benefit cited for a provisional application is the opportunity to sell, lease, assign or otherwise make money from your invention before you spend the big bucks for a regular patent. This gives you an opportunity to contact manufacturers listed in the Thomas Register to see if they would want to do business with you, to look for financing if you're going to go-it alone, or time to see if there is a real market out there

The disadvantage of this benefit is that it sometimes takes over a year to negotiate a meaningful contract with a manufacturer, jobber or distributor, and you only have 12 months maximum!

PROOF OF INVENTION
I don't see any real benefit in a provisional patent. If your idea is good enough to go through the provisional patent process, just go ahead and patent it! The added cost is minimal, and any good patent attorney can demonstrate the headaches caused by a provisional patent far outweigh any benefits! Understand, I am not an attorney, and I do not practice law, but this only makes sense, and I do consult with Patent Attorneys.

I again caution you to consider not doing business with the 'Patent Mills' (See Success Tip D-03) that spout their 'deal' on radio and TV. You know, the ones who say: "We can put your patent in front of hundreds of manufactures, all of them foaming at the mouth to give you money!" If you believe their claim, I have some wonderful beach-front property here in New Mexico I'd like to sell you.