What do provisional rights allow a patent owner to do?

Provisional rights allow a patent owner to seek damages for infringement that occurs after the publication of the patent application but before the actual patent is issued. This means that once a patent application is published, third parties who infringe on the claimed invention may be held liable for damages as if the patent were already granted.

The rationale behind this provision is to protect inventors and ensure that they can obtain a degree of financial recovery for their inventions even before the formal patent is granted, acknowledging the potential commercial value of the invention during the waiting period. This can serve as a deterrent for potential infringers who might otherwise take advantage of the delay in the patenting process.

In contrast, claiming priority over all other patents, preventing others from filing similar patents, or modifying patent claims before issuance do not fall under the definition of provisional rights. These activities are governed by other aspects of patent law and do not specifically relate to the rights conferred before a patent is officially issued.