Intellectual Property Advisory: Patent Appeals Court Ruling Highlights Potential Pitfalls of Over-reliance on Provisional Patent Applications
8/27/2002
This advisory discusses a case decided by the Court of Appeals for the Federal Circuit, the highest specialized court of appeal for intellectual property, and highlights some potential pitfalls of filing provisional applications and the widespread over-reliance on filing provisional applications. New Railhead Mfg. v. Vermeer Mfg. Co, No. 02-1028, decided July 30, 2002, articulates the standard for claiming priority to provisional applications and shows that filing a sketchy provisional application may provide nothing more than a false sense of security. This client advisory goes on to list several strategy points for companies to consider when preparing provisional applications.
