When should I file a Provisional Patent Application instead of a Non-Provisional Patent Application?

When you plan to file a Non-provisional Patent Application, but want to delay examination by the United States Patent & Trademark Office for 12 months.

When you plan to sell or license the invention and will absolutely certainly do so within a year or are prepared to file a Non-provisional if you have not sold or licensed the invention.

When you plan to do significant modifications before the product or process is ready and will have such modifications ready within a year.

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The content of this article is not intended to be, and does not constitute, legal advice and does not create attorney-client privilege. Consult the attorney of your choice before embarking on any legal matter or any document preparation/filing.

Dr. Thomas R. (Terry) Williamson III is a Patent Attorney practicing in Atlanta, Georgia.

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