The Benefits of a Provisional Patent Application

By Gene Quinn
November 26, 2011



For an updated version of this article please see:



The Author

Gene Quinn

Gene Quinn is a Patent Attorney and Editor and President & CEO ofIPWatchdog, Inc.. Gene founded in 1999. Gene is also a principal lecturer in the PLI Patent Bar Review Course and Of Counsel to the law firm of Berenato & White, LLC. Gene’s specialty is in the area of strategic patent consulting, patent application drafting and patent prosecution. He consults with attorneys facing peculiar procedural issues at the Patent Office, advises investors and executives on patent law changes and pending litigation matters, and works with start-up businesses throughout the United States and around the world, primarily dealing with software and computer related innovations. is admitted to practice law in New Hampshire, is a Registered Patent Attorney and is also admitted to practice before the United States Court of Appeals for the Federal Circuit. CLICK HERE to send Gene a message.

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Discuss this

There are currently 4 Comments comments.

  1. EG November 30, 2011 6:40 am


    The primary benefit, especially when March 16, 2013 arrives: getting that first “date stake” in the ground.

  2. matt g January 20, 2012 4:56 pm

    gene, would this be the best route for a consumer electronic device, which may have various iterations of circuitry, an/or software?

  3. Gene Quinn January 20, 2012 5:17 pm

    Matt G-

    Filing a provisional patent application is particularly appropriate where the product is in development. As you learn more you can file a new provisional patent application (if warranted) and then wrap all the provisionals filed within 12 months into one, single non-provisional patent application. The benefit of doing this is you get the earliest priority date possible with respect to each iteration of the invention.