Insight: Why file a provisional patent application?
Jeffrey Proehl is a registered patent attorney with Woods, Fuller, Shultz & Smith P.C. in Sioux Falls.
Inventors often have questions about the difference between filing a “provisional” and a “non-provisional” patent application to protect an invention.
Primarily, the applicable rules for filing a provisional application are less stringent than for a non-provisional application. Although the formal requirements for a provisional application are lower, the legal requirement to provide a complete and accurate disclosure of the invention still applies to a provisional.
One advantage of filing a provisional application may be the establishment of a filing date and “patent pending” status for an invention without having to comply with all of the formal requirements of a non-provisional application. This may be beneficial if the invention is still being developed and may change significantly or if the inventor is undecided whether to pursue a patent through the entire process.
However, while filing a provisional application is a step toward obtaining a patent, this step alone will not result in a patent being issued since a provisional application is never examined to determine if the invention is patentable.
A provisional application expires a year after it is filed and a non-provisional application must be filed before the provisional application expires in order to pursue a patent on the invention. Only non-provisional applications are examined by the U.S. Patent and Trademark Office (U.S.P.T.O.) to determine if the invention is patentable.
The U.S. Patent and Trademark Office issued the following patents to South Dakota inventors in April 2017:
Patent No. 9,611,618
Title: Dual Action Grapple Apparatus
Inventors: Timothy D. Miller, Sioux Falls
Assigned: Not Reported.
Summary: Miller has developed a grapple apparatus that closes and opens in two stages for greater gripping ability.
Patent No. 9,631,198
Title: Chimeric Promoters Capable of Mediating Gene Expression in Plants Upon Pathogen Infection and Uses Thereof
Inventors: Christoph Kirsch, Cologne, Germany; Elke Logemann, Pulheim-Dansweiler, Germany; Klaus Hahlbrock, Freiburg, Germany; Paul Rushton, Brookings; Imre Smossich, Cologne, Germany
Assigned: Max-Planck-Gesellschaftzur Foerderung der Wissenschaften e.V., Berlin, Germany
Summary: The inventors have developed compositions for combating diseases in plants.
Patent No. 9,630,449
Title: Wheel Installation Crane for Combines
Inventors: Timothy S. Thomas, Bowdle
Assigned: Not Reported.
Summary: Thomas has developed a wheel removal lift that is mountable on the combine from which the wheel is being removed.
Patent No. 9,615,704
Title: Cleaning Apparatus for an Air Handling Unit
Inventors: Kevin K. Becker, Yankton
Assigned: Not Reported.
Summary: Becker has developed an apparatus for removing and supporting a wall-mounted heating and cooling unit while it is being cleaned.
Patent No. 9,630,156
Title: Fluid Holding Structure Fluid Circulating System
Inventors: John Ries, Elk Point
Assigned: Not Reported.
Summary: Ries has developed an apparatus for positioning influid in a tank to circulate the fluid in an upward direction.
Patent No. 9,629,985
Title: Drug Delivery Balloon Apparatus and Methods for Use
Inventors: Patrick W. Kelly, Sioux Falls
Assigned: Sanford Health, Sioux Falls
Summary: Kelly has developed a medical device able to block a vessel in a patient’s body and deliver a drug into the blocked vessel.
Patent No. 9,629,738
Title: Guide Wire with Multi-Lumen Access Threads
Inventors: Patrick W. Kelly, Sioux Falls
Assigned: Sanford Health, Sioux Falls
Summary: Kelly has developed a medical device with multiple guide wires capable of extending through multiple vessels of a patient’s body.
Patent No. 9,628,502
Title: Active Attack Detection System
Inventors: David Clark, Coppell, TX; John Strand, Sturgis; Jonathan Thyer, Greensboro, NC
Assigned: Meadow Hills, LLC, Coppell, TX
Summary: The inventors have developed a system for determining the security of a wireless network prior to joining the wireless network.
Patent No. 9,627,924
Title: IntelligentHigh Speed Automatic Transfer Switch
Inventors: Kip McArthur Larson, Rapid City
Assigned: Littelfuse, Inc., Chicago, IL
Summary: Larson has developed an improved switch for transferring between power sources when power from a primary source is interrupted.
Patent No. 9,623,103
Title: Arterivirus Protein and Expression Mechanisms
Inventors: Ying Fang, Pierre; Eric John Snijder, Leiden, Netherlands; Andrew E. Firth, Cambridgeshire, Great Britain; John F. Atkins, Cork, Ireland; Emma Elisabeth Treffers, Leiden, Netherlands; Ali Tas, Leiden, Netherlands; Yanhua Li, Pierre
Assigned: South Dakota Board of Regents, Pierre; Cambridge Enterprise Limited, Cambridgeshire, Great Britain; Academisch Ziekenhuis Leiden, Leiden, Netherlands; University College Cork, Cork, Ireland
Summary: The inventors have developed vaccines that combat the PRRS virus in pigs.
Patent No. 9,622,969
Title: Polymer Conjugated Protein Micelles
Inventors: Omathanu P. Perumal, Brookings; Satheesh K. Podaralla, Greve Coeur, MO;Ranjith Kumar Averineni, Portage, MI
Assigned: Not Reported.
Summary: The inventors have developed improved compounds for delivering a drugin a patient’s body.
Patent No. 9,618,898
Title: Toner Cartridge
Inventors: Richard L. Swantner, Rapid City; Robin P. Yergenson, Eagle, ID; Dean J. Richtsmeier, Boise, ID
Assigned: Hewlett-Packard Development Company, L.P., Houston, TX
Summary: The inventors have developed a toner cartridge design that facilitates the incremental purchasing of toner contained in the cartridge.
No. 9,616,021
Title: Method of Forming Non-Immunogenic Hydrophobic Protein Nanoparticles, and Uses Therefor
Inventors: Omathanu P. Perumal, Brookings; Satheesh K. Podaralla, CreveConeur, MO; Radhey S. Kaushik, Brookings
Assigned: Not Reported.
Summary: The inventors have developed methods for forming nanometer-sized particles for medical uses.
Patent No. 9,615,956
Title: Orthopedic Clavicle Brace
Inventors: Jack T. Sears, Spearfish
Assigned: Not Reported.
Summary: Sears has developed a brace for the upper torso that is adjustable from the front of the patient’s body.
Patent No. 9,612,004
Title: Display Module Mounting
Inventors: RyanHemiller, Brookings; Ryan J. Nielsen, Brookings; Shannon Lee Mutschelknaus, Aurora
Assigned: Daktronics, Inc., Brookings
Summary: The inventors have developed a latching system for securing a display module in a support frame of a large display structure.
Patent No. 9,629,315
Title: Plants and Seeds of Corn Variety CV044513
Inventors: Peter Guzman, Sioux Falls; Clinton J. Turnbull, Thayer, NE
Assigned: Monsanto Technology LLC, St. Louis, MO
Summary: The inventors have developed a new corn variety.
Patent No. 9,622,440
Title: Plants and Seeds of Hybrid Corn Variety CH003028
Inventors: Scott A. Bergemann, Northfield, MN; Fufa H. Birru, Willmar, MN; L. John Frederickson, Mason, MI; Peter Guzman, Sioux Falls; Richard G. Stelpflug, Cottage Grove, WI
Assigned: Monsanto Technology LLC, St. Louis, MO
: The inventors have developed a new corn variety.Summary