A provisional patent is nothing more than a provisional request before the submission of a formal request for patent. Only the submission of a request for patent, followed by an examination process by a patent examiner will lead to the completion of the request process and then, if the request complies with all the conditions mandated by Law, a registered patent will be granted.
A provisional patent is a request for patent submitted to the American Patent Office. It is often mistakenly thought that it is possible to submit this type of request in Israel, but that is not the case. Whereas it is true that a provisional request makes it possible to reserve the priority date for a year in those countries signatories to the Paris Treaty, it does not constitute a registered patent. There are advantages and disadvantages in submitting a provisional request and the best strategy must be thought out properly when starting the process for the submission of a request to the Patents Office. Often, a temporary, provisional request can benefit an inventor or entrepreneur.
After a provisional request is submitted to reserve a priority date, a formal request for patent must be submitted within one year. If no request is submitted during that period, the priority date for the request for patent will no longer be valid. After the submission of a request for patent, a patent examiner will check the links between the provisional, temporary request and the request for patent. Once that link has been established, in addition to compliance with all the other conditions which must be met to receive patent, the inventor will be able to receive a registered patent, based on the priority date submitted in the provisional request.
In reference to this matter it is important to consult with a qualified patent lawyer, who will be able to advise an inventor about the most appropriate type of request to make to submit to the Patents Office.
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