How can I enforce a Provisional Patent?

a Provisional Patent Application is in many jurisdictions, the first step in patenting an invention. You can only enforce an issued Patent, but AcuteIP will sometimes encourage you to convert some Latent IP into a PPA that lets you publish information about your idea and work openly on it, without losing your ability to get a full Patent later.

Filing a PPA officially gives you 'priority' of the date you filed the application. The PPA can be at a high level, it does not need to follow the same structure as a full Patent application. For example, the content of a research paper may well be sufficient to file a PPA, provided you file before you send the paper for review and publication.

While patent pending, anyone is free to make and sell the invention. It’s only if and after someone is granted a formal patent (with limiting details and claims) that others can be made to pay royalties. There are no “back” royalties on sales made before the patent is granted. But if others have invested in making your patented item they will be inclined to pay modest royalties rather than fight you in court. (They’ll make a business decision. So good to have some deep pockets to enforce the patent.)

If you don't follow up your PPA with a full Patent application within a year, your PPA will lapse. The full Patent application must cover some of the same ground as your PPA; any claim not discussed in the PPA will not be valid.