Once the light bulb goes on, it is important to figure out how to best protect the idea, but it is at this stage where one of several inventor dilemmas first occurs. After researching the invention, conducting a prior art search and discussing patent options, it is common for inventors to ask the question: Which type of patent should I file, provisional or non-provisional?
What’s interesting about this question is that the answer will often vary depending upon who you ask. Over the years, I have heard a wide variety of opinions from business professionals, inventors and patent attorneys. While some believe that an inventor is better off moving directly into filing a non-provisional patent application, because it is typically more detailed and exhaustive in capturing the embodiment of the invention, others believe that starting with the provisional application is a better way to go, due to the expense and unknown marketing factors that can be associated with the non-provisional patent.
Just as the invention itself is unique, so is the answer to this patenting question. While the decision should be based on individual circumstance and personal preference, it should be made with a clear understanding of the options. The correct choice depends on what works best for the inventor’s particular situation, taking into account financial condition, stage of development, risk tolerance or marketing progress.
Author: Russell Williams
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