Provisional patents are a great way for a company that’s not ready to file for a patent yet to still reserve the opportunity to get there first. While that may sound like just what you need, it’s not always the ideal option. Here are some of the times you should apply for a provisional patent to protect your IP and others when it’s not such a good idea.

  • When to apply for a provisional patent: Since a small business owner may need some time to complete a prototype, debug software code, or even raise funds for a patent, this can be really beneficial. It is also a great way to save face if your idea never comes to fruition. Provisional patents are not made public. So if you don’t end up filing for a non-provisional patent, the only thing you’ve lost is the fee for the provisional filing.
  • When not to apply for a provisional patent: Remember that the clock starts ticking as soon as you file. You only have one year without the possibility of extension. Therefore, you risk giving up your patent completely if you don’t finish the project or have the money to complete the process at the end of one year. Also, provisional patents are not international, so you only block domestic companies from getting to your idea before you within that one year.

San Diego’s Small Business Attorney

Pokala Law APC can help your small business to protect your IP with all of the application support you need. Give us a call today at 844.695.1487, or you can request a consultation online.