Lex Mundi logo

Ask The Expert

Photo of Peter A. Nieves, Shareholder

Peter A. Nieves
Phone: 603.627.8134
Fax: 603.641.2353
Add to Outlook Contacts VCard Logo

I will be disclosing my invention and detailed materials at a trade show. Can I file a brief (e.g., three paragraphs) provisional patent application and later rely on the provisional filing date when I add new information to a relying application?

Tuesday, February 28, 2006
PDF icon Download
PDF of
this page
Generally, no. The detailed description of a provisional application must disclose the manner and process of making and using the invention in such terms as to enable someone skilled in the art to make and use the invention, and set forth the best mode contemplated for carrying out the invention. If it doesn't meet the enablement and best mode requirements, the provisional cannot be relied upon by a later filed application. In only the broadest of inventive concepts would a three-paragraph provisional do this, and a relying application claiming information not disclosed originally cannot benefit from the original filing date. Without relying on the provisional filing date, the disclosure and materials may result in U.S. statutory bar issues and, possible, prevent foreign protection.