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I have an Invention ... Now What?
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   A preliminary provisional filing?
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   Author  Topic: A preliminary provisional filing?  (Read 4463 times)
inventorX
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A preliminary provisional filing?
« on: Apr 19th, 2007, 6:46pm »
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Hi, All,  
 
I want to get your opinion on this.  I want to get a provisional filing, just to get a prior date for the record before I invalidate the regular filing. I spoke with an attorney and he indicated that if I am really in a hurry, he can file a preliminary provisional filing with little attorney input. Basically he will take my manuscript and file it as is, if I understood correctly. My question is how good such a filing is and is there any negative impact on my regular filing down the road. I would imagine that we will have to abandon such a filing in a formal filing, is not? Because it is so different from what a regular filing should be. Can I still get the date for it?  Thanks for your help.
 
 Huh Huh
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JimIvey
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Re: A preliminary provisional filing?
« Reply #1 on: Apr 19th, 2007, 9:28pm »
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Unless your manuscript is adequate as a non-provisional patent application as it is, the strategy suggested by the attorney would not likely provide an effective priority date.  To provide an effective priority date, your provisional application must meet exactly the same legal requirements that a non-provisional application must meet -- absolutely no less.
 
Regards.
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James D. Ivey
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inventorX
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Re: A preliminary provisional filing?
« Reply #2 on: Apr 19th, 2007, 9:43pm »
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Thanks! You are really helpful.
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inventorX
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Re: A preliminary provisional filing?
« Reply #3 on: Apr 20th, 2007, 12:16am »
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Does the term "nothing more or less" that you referred to mean that the provisional filing has to be exactly as the non-provisional filing in wording or there are some room for maneuver, but the meaning has to be kept same? Huh
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inventorX
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Re: A preliminary provisional filing?
« Reply #4 on: Apr 20th, 2007, 12:24am »
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Could you explain in more detail what are the "legal requirements" for a none-provisional filing?  just follow the style used for every regular patent?  
 
Someone mentioned that no claim should be writtern at this point as I myself may not know every aspect of the potential application for my invention at this point. But would that constitute a "less" for provisional filing in comparison to the non-provisional filing?  
 
Thank you very much!
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