Provisional Patent Application for Improvement

Posted by Michael Shimokaji | May 15, 2014 | 0 Comments

Questions: Changes to the product post filing of a Provisional Application.

Hello, my questions is in regards to say, a stick design I came up with. I want to do a provisional application because it is cheaper and it at least has a filing date. What if I seek a professional designers help after its filed and we decide to modify this stick for more efficent design. Will my previous Provisional application will still be valid? Or would I need to re-file? Should I just be as broad in my discription and sketches in my provisional application? Once everything is set with the design and prototype I will pursue professional legal advice. Thank You

Answer: Your first provisional will still be “valid” but it may not describe your improved design. Without knowing the specifics of your first design and improved design, it would be wise to simply file a second provisional that covers your improved design.

Making your first or second provisional overly broad may not adequately describe your first design or improved design. This would be another reason for filing a second provisional. 

About the Author

Michael Shimokaji

Michael’s expertise includes the strategic development of patent and trademark portfolios. He identifies those patents and trademarks that are valuable to his clients by providing them with a competitive advantage. Then, Michael obtains patent and trademark registrations in the US and abroad.


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