What is a temporary provisional patent? Is there such a thing as registering a temporary provisional patent? Why do people mistakenly think that the incorrect term “temporary provisional patent registration” is a patent, and what is the difference between patent registration and a provisional application, mistakenly called a temporary provisional patent?
Temporary provisional patent registration or, by its correct name, a PROVISIONAL application, does not confer patent rights. First of all, patent rights mean preventing another user who is not the patent holder, and who is not authorized, from exploiting the invention for 20 years from the date of filing the patent registration application.
In other words, only an applicant who has received a registered patent will hold a monopoly right over the invention and will be able to prevent competitors from exploiting his invention, which is protected by the patent.
“Temporary Provisional Patent Registration” is an Incorrect but Common Term
The incorrect term “temporary provisional patent registration” has taken root in Israel in slang, and the provisional application, which does not exist at all in the proceedings of the Israel Patent Office, is better known by these various incorrect names, such as “provisional patent” or “temporary patent”.
As of 6.3.2015, searching Google for the Hebrew words for “provisional patent” returned 918 results, searching for “temporary patent” returned 55,600 results, and searching for the word PROVISIONAL returned 61,300,300 results.
Rights of a Temporary Provisional Patent, i.e. a Provisional Application
The provisional application grants the applicant a priority date for one year in 175 countries in accordance with the Paris Convention. In other words, an applicant who files a provisional application is entitled to file a patent in any of the countries that are signatories to the Paris Convention, if 12 months have not yet passed since the provisional filing date.
If the applicant files a patent application, as mentioned, in one or more of the Convention countries, and attaches the priority documents through which he claims priority in the patent application, the date of the provisional application will be considered the date of the later patent application.
In other words, John files a provisional application; a competitor, Jane, files a patent application after John; John files his patent application before a year has passed since filing the provisional. This means that John won the application date, even though Jane filed a patent before him, provided that the provisional application and John’s later patent application concern the same invention.
In other words, by means of a provisional application, an inventor can seemingly talk about his invention, and if Jane, as a result of the presentation of the invention, files a patent and tries to seize the patent right, John will exercise his right by virtue of the provisional application by preserving the priority date.
Temporary Provisional Patent and Use of the PCT
With a provisional application, which grants a priority date for one year (12 months), it is possible to extend the period for filing patent applications in specific countries by means of an international filing under the PCT. In other words, it is possible to extend the period in which specific applications can be filed in the countries that are signatories to the treaty by an additional year and a half.
Through a strategy of postponing the date for filing patent applications individually in each country, by making informed use of the treaties, it is possible to postpone the expenses of patent registration applications in the target countries by about two and a half years, 30 months in most countries and 31 months in some, with some exceptions.
This strategy of postponing patent filings is not always right for the inventor or the venture, and the right strategy should be examined for each case and tailored to the inventor or the company, to the business goals and to a range of different parameters.
Advantages and Disadvantages of a Temporary Provisional Patent Application
The provisional application has several advantages, for example, a relatively low cost, a short time to file, and it confers a right in 175 countries. However, alongside these advantages there are also disadvantages. Applicants, and sometimes even patent attorneys, write the application too narrowly. The low cost and the fast turnaround that various patent attorneys sometimes promise can lead to technological and legal gaps in the application.
In other words, patent attorneys and attorneys, sometimes in light of the low budget compared to a patent and in light of the short time in which they undertake to file the application, do not delve into the technical aspects, and produce general drawings that do not express all of the various components of the invention, and as a result the description is also short and incomplete.
Later, the inventor wishes to file a patent application before a year has passed, and the various patent authorities sometimes do not accept material details as entitled to the priority date of the provisional application. This means that the inventor will not receive the first date of the provisional application, and the material additions that were filed only in the patent application will be recognized with a later date.
It is therefore recommended not to be tempted by promises of fast filings that are not backed by thought, technical solutions and legal drafting that considers the scope and definition of the invention, both legally and technically.
It is worth investing thought and time in how to properly protect the invention, because missing details and saving time can sometimes cost the applicant dearly, as he may lose significant parts of his invention and of his future income.
For more details, support for your invention and building an intellectual property strategy, call +972-3-9711013.