One way to prevent the provisional from expiring is to continuously have a provisional one file (just updated to the latest version of your back-end). If you let the provisional expire (and your back-end isn’t receiving a lot of press), you are back to square one. For the provisional to save you the risk of challenging a Patent, you must timely file a non-provisional before the provisional expires.
Having a provisional on file is the best way to go – they were established to level the playing field against large entities To prevail for the patent rights (before anyone else can get a patent to assert over you in the first place), you must be the first-to-file. Having prevailed to the patent rights is a way of saving in legal fees, building a fence around your technology, and growing your intangible asset portfolio.
If you are interested in more detail related to your situation it is best to speak with an attorney.
Yuri Eliezer heads the intellectual property practice group at Founders Legal. As an entrepreneur who saw the importance of early-stage patent protection, Yuri founded SmartUp®. Clients he has served include Microsoft, Cisco, Cox, AT&T, General Electric, the Georgia Institute of Technology, and Coca-Cola.
Source: Smartup Legal