Patent Wars
Vincent sent me the following story that questioned the value of provisional patents. Company Z filled a provisional US application and then showed their invention in a trade show. Company U saw their invention and immediately filled a complete (non-provisional) US patent application. Vincent had been told that because the competitor immediately filled their application, they would get the patent instead of Company Z, who filled the provisional first. See: What is the difference - provisional or non-provisional patent application?
Vincent sounds like a game of poker to me. However, probably a game better played by a patent lawyer which in the case of the above scenario I suggest Z hires. A poorly written patent application of any type can always be written around. And just because you file for a patent doesn't mean you are going to get it. Company Z's provisional application does give them an earlier date that could invalidate U's chances of getting a patent. And Z might be able to sue U for patent infringement. However, U after seeing Z's invention may make theirs different enough to get a patent. What you should note is that the competition began as soon as the invention was shown in the trade show. No surprise there. Regardless of what type of patent protection you have. If you have a great invention expect your competition to try to work around it by making their own version. I have a section on provisional patents for you to research.
