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Patents

Emily M. Haliday


Emily M. Haliday

McCutchen, Doyle, Brown & Enersen, LLP

Palo Alto, CA

650 / 849-4910

ehaliday@ mccutchen.com

mccutchen.com



Question Are there any disadvantages associated with filing US provisional patent applications?

Question Provisional applications must adequately describe the invention, enable one skilled in the art to practice the invention, and disclose the best mode for practicing, the invention. However, it may be difficult to satisfy these requirements without actually drafting patent claims, which are not required for provisional applications. In addition, the use of provisional applications typically delays patent issuance and shifts the patent term forward into the future, which is generally a disadvantage except in the case of technologies subject to pre-market regulation.







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