Numerous inventors are of the opinion that filing a provisional patent application requires less effort and less money for obtaining a priority date. But it is equally important to be aware of the risks and problems associated with the provisional patent application.
A provisional patent application itself cannot be converted into a granted patent. A provisional patent application is abandoned unless a non-provisional patent application is filed within 12 months.
If the applicant wants to sell his invention after filing the provisional patent application, he has the right to do so while maintaining the priority date. However, if a non-provisional application is not filed within 12 months then there is a possibility that the application may never to be able to obtain a patent for the same invention.
Even though a provisional patent application is not examined it is important to note that the provisional patent application should be drafted in such a manner that they pass the test of best mode and enablement. The non-provisional application is entitled to the bene?t of the provisional application’s ?ling date only for the same subject matter. The provisional patent application should disclose the manner and process of making and using the invention in a clear and precise manner such that a person skilled in the art is able to make or use the invention. If a roughly drafted provisional patent application does not meet the legal standards, then there is a chance that the granted patent can be invalidated because of the poorly drafted provisional patent application.