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What is a Provisional Patent?

October 9th, 2022

The path to obtaining a patent can be long and complex. There are lots of things to know before getting started. In addition, the drafting of a patent application and the procedure can sometimes be a real headache and since there is attribution of a legal right, it is strongly advised to consult an agent authorized to practice before the Canadian Office. patents. These services will be essential if the mark is to be registered abroad. The following article will provide you with information on this subject and will demystify the usefulness of the provisional patent.

Provisional Patent?

In Canada and the United States, there are provisional type patent applications. Indeed, a provisional application is generally a summary application which includes a general description of the invention as well as illustrative drawings demonstrating the function of the invention. Provisional applications allow you to obtain a priority date but must be replaced by a complete application no later than 12 months after the initial filing date. In other words, filing a provisional patent allows you to obtain a priority date valid for 12 months and recognized in nearly 150 industrialized countries, including Canada and the United States.

Why request a provisional patent?

The provisional patent comes with a priority date which will subsequently be claimed when filing the official patent. Obtaining this type of patent allows you to reveal your invention while being protected, whether to verify its commercial potential, to develop it or to add potential partners, companies, or investors. It is therefore a protection that allows you to move forward with peace of mind and that allows the applicant to assess the market and the value of the invention before fully investing in the regular patent application process. As its name suggests, this type of patent is temporary and will have to be replaced by an invention patent which allows it to protect the technical aspects of a new realization, a new machine, a new product, a new process, etc. The patent gives a 20-year monopoly on the use, manufacture and/or import of the achievement. It should be noted that an invention patent does not protect the aesthetic characteristics of a new realization or entirely theoretical concepts. At the end of the 20-year monopoly, the patent expires, and it falls into the public domain, in other words, after this period, anyone can legally use, manufacture and/or import the invention. If you are working on an invention and you are currently wondering about the different types of patents and the path to take to ensure that you are fully protected, it is best to consult a specialized patent agent as early as possible in the process. He can support you in your protection efforts and help you demystify the sometimes-complex process of patent applications.




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