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Provisional Patent Application

A provisional patent application is a form of patent application submitted with the United States Patent and Trademark Office (USPTO) to establish an invention’s early filing date. It permits the inventor to claim “patent pending” status for their invention and gives the inventor a one-year term in which to file a non-provisional patent application that will be examined by the USPTO.

A provisional patent application does not require formal patent claims, an oath or declaration, or an information disclosure statement. It is less expensive and less formal than a non-provisional patent application, making it a popular choice for inventors who want to quickly establish a filing date and have more time to refine their invention and evaluate its commercial potential before committing to the more expensive and time-consuming non-provisional patent application process.

It is vital to understand that a provisional patent application does not provide legal protection for the innovation itself. To get a patent, the inventor must file a non-provisional patent application within one year of filing the provisional application and meet all of the legal requirements for patentability.