Provisional Patent Attorneys in Oklahoma

A provisional patent application gives an inventor the freedom to sell and market a new invention for up to one year without filing a utility application, and can be a cost-effective way to preserve a filing date. However, provisional applications do not grant the same protections as a regular patent, and there are many misconceptions about how and when they can be effective, so it is best to seek legal counsel prior to making a decision.

Tomlinson, Rust, McKinstry & Grable intellectual property attorneys can help you determine whether it makes sense to file a provisional application and secure an earlier filing date for your invention.

Why you might consider filing a Provisional Application:

  • There is going to be a publication or sale and there is no time to file a regular patent application
  • You need time to study the market to determine whether you want to file a regular patent application
  • You need time to raise money to finance your formal patent application

Why you might not want to file a Provisional Application:

  • It adds time and cost to the process; if you have a formal patent application prepared, sometimes it is best to file it instead
  • If you are unsure what will be required to make the invention work, or what you should include in the regular application, it might be best to wait and file a formal patent application
  • You will need time between filing your regular patent application and your foreign patent application – filing a provisional application can remove the traditional one year grace period
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