Another pre-filing consideration is whether to file a provisional application or a non-provisional application. Provisional applications are a relatively new feature to U.S. patent law.
The original intention of non-provisional applications was to allow a patentee to file a specification without claims and still receive a filing date. Provisional applications would serve as placeholders until an applicant could develop a full set of carefully considered claims.
Many applicants have taken advantage of the fact that provisional applications are not examined to file glorified invention disclosures.
Pre-Filing Issues: Provisional Applications
Thomas Joseph is a patent attorney in Pittsburgh, Pa. He maintains a solo practice in all areas of intellectual-property law. He has been practicing since 2001. Before starting his solo practice, Joseph was the General Counsel of Grant Street Group, a financial software firm. At Grant Street Group, he managed the company’s patent litigation against its primary competitors in the online-auction markets for tax certificates, foreclosures, tax deeds and municipal bonds. Joseph received a Bachelor of Science in Metallurgical Engineering and Materials Science from Carnegie Mellon University, a Master of Science in Materials Science and Engineering from the University of Florida and a Juris Doctorate from George Washington University.
You can contact him at www.joseph-iplaw.com.
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