PTO to Effectively Extend Provisional Applications to 24 Months

"The effect could look like an extension of a provisional patent application, but there are special steps that must be followed. In some circles this pilot program has at times been characterized as providing for an extension of a provisional patent application to allow it to remain pending for twenty-four (24) months. That is not technically an accurate way to articulate what the new pilot program will do."

"It seems far too paternalistic to believe that inventors and small businesses are not savvy enough to figure out what they want and what they need. After all, the idea of attempting to extend the effective life of a provisional patent application was proposed to Director Kappos by an inventor. This is about making educated choices and giving more flexibility, how is that bad?"

The USPTO will launch a pilot program providing inventors with expanded options when converting provisional patent applications to nonprovisional applications. While some characterize this as extending provisional applications to twenty-four months, the mechanism involves special procedural steps rather than a straightforward extension. Director David Kappos announced this initiative in response to inventor feedback. Critics argue the program is overly complicated, but proponents contend that inventors and small businesses possess sufficient sophistication to navigate multiple options. The program aims to provide flexibility and enable informed decision-making rather than oversimplifying patent procedures.

Read at IPWatchdog.com | Patents & Intellectual Property Law