While a provisional application is not necessary in all cases, there are many
reasons it may be preferable, rather than proceeding to file a full patent
application at first instance.
A provisional application is a relatively low-cost method for indicating that you
intend to file a full application in the future. It won’t deliver you the complete
range of protection that a full patent provides, however, it will establish a priority
date that confirms you as the idea holder, and the first to file the new invention.
Essentially, your provisional application will hold your place at the beginning of
the line, providing you important protection in the event of a dispute.
In addition to providing you with the safety of a priority date, a provisional patent
can also deliver a range of other advantages, including enhancing the validity of
your patent, strengthening your ability to enforce your patent, and enabling you to
more easily achieve a successful result during the process of patent examination.
However, to achieve each of these benefits, it is important to ensure that you
prepare and file a provisional patent that has a well-developed claim structure,
and an extremely supportive and detailed description, just as you would with a
full patent application.
At Platform IP, our attorneys will ensure that your provisional application has both
an impeccable claim structure that accentuates the originality of your idea, and a
thorough and detailed description that bolsters your claims to the maximum
degree.
To accomplish the most directed and fully elaborated claim structure, our
attorneys identify the complete range of new ideas associated with your product,
system, process or software. Our attorneys also capture new ideas from all
perspectives with numerous sets of independent claims, and they project all the
ways in which your competitors may be able circumvent your claims, rewording
and rephrasing them to take into account these issues.
To attain the most supportive and inclusive description that strengthens your
claims to the highest level, we encapsulate all embodiments of the idea, and then
meticulously work through and revise variations, incorporating each of them into
your description.