Legal Definitions - provisional right

A provisional right is a term used in patents. It refers to the right of the patent holder to receive a reasonable royalty for the use of their patented invention or process by someone who has been notified of the patent during the period between the publication of the patent application and the time the patent is issued.

This right is only available if the invention claimed in the issued patent is substantially identical to the invention claimed in the published application. This means that if the invention changes significantly between the time of publication and the time the patent is issued, the provisional right may not apply.

Let's say that John invents a new type of bicycle chain and files a patent application for it. The application is published, and a few months later, John discovers that someone else is using his invention without permission. John notifies the person of his patent application and continues with the patent process.

When John's patent is finally issued, he can claim a provisional right to receive a reasonable royalty from the person who was using his invention during the period between the publication of the patent application and the time the patent was issued. However, this right only applies if the invention claimed in the issued patent is substantially identical to the invention claimed in the published application.

In this example, if John had made significant changes to his invention between the time of publication and the time the patent was issued, the provisional right may not apply.