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I have an Invention ... Now What?
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   Disclosure Document Deposit Request
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   Author  Topic: Disclosure Document Deposit Request  (Read 2053 times)
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Re: Disclosure Document Deposit Request
« Reply #10 on: Dec 7th, 2006, 2:32pm »
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Isaac wrote “In any event a provisional is not a substitute for a notebook.”
I’d say that generally a provisional is not a substitute for a notebook.  But there are circumstances where a provisional application can largely substitute for a notebook.
Consider this scenario:  Joe came up with an idea on Nov 1, 2006; he did not make a record (notebook or otherwise) at that time.  Joe tinkered around with the idea, developed it into an invention, and last weekend he reduced the invention to practice.  This week he decided that he might want to apply for a patent; so he wrote an enabling description of his invention, including the best (at this point only) mode.  Joe can take this description and put it into a properly witnessed notebook, or he can file a provisional patent application (hopefully with the help of a patent practitioner).
Without getting into the details of the pros & cons of a provisional application, to a large extent the provisional application serves the purpose of a laboratory notebook.  The provisional application of course has the advantage of establishing a priority date and reduction to practice, and on the downside it cost $100 and if Joe doesn’t follow-up on the provisional application it “evaporates” a year later.
Of course there is nothing that prevents Joe from keeping a good notebook and also filing a provisional application.
IP Logged

Richard Tanzer
Patent Agent
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