The Myth of Provisional Patent Applications

Startups are routinely told to get a provisional patent application.

There is absolutely NO business reason why a startup should EVER do a provisional, and we pick apart every argument.  (The only reason why startups file provisional patent applications is to placate unsophisticated investors.)

Provisional Patent Applications are not the ugly stepchild of Non-Provisional Patent Applications.  They should be given your full attention.

Many people make the sin of omission: not putting enough information in their patent applications.

Other people make the sin of commission: putting way too much information in their patent applications. 

Both of these errors hurt you dramatically.

Join Russ as he looks at provisional patent applications in a way you have never seen before.


  1. Philip Furgang, Furgang & on March 8, 2020 at 6:42 pm

    You are absolutely correct. A provisional is typically filed before a patent novelty search. A search may reveal that certain aspects of the invention, not disclosed in the provisional are essential to secure patentability and not disclosed in the provisional application. The result: loss of the provisional filing date and, possibly, the invention itself. That said, provisionals can be useful.

  2. Provisional patent on July 20, 2022 at 6:46 am

    If you are looking for a provisional patent application, the blog is highly useful. We are the legal professionals who can assist with the proper provisional patent application process. visit us for more information.

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