What is a “provisional patent”?

A provisional patent is a type of patent that is available for filing in the state of Indiana. It is an application that provides an inventor with a temporary protection for their invention, allowing them to establish a priority date on their patent application. A provisional patent application gives inventors a limited amount of time to further develop their idea and perfect the design. The period of protection is usually 12 months. During this time, the applicant has the option to either file a full patent application, or let the provisional protection expire. In order to file a provisional patent application in the state of Indiana, the applicant must include a detailed description of their invention, a drawing of the invention, and an oath/declaration that states the invention is their own. The applicant must also provide a listing of the claims that they wish to protect. Once the application has been submitted, the US Patent and Trademark Office (USPTO) will review the application and evaluate it for accuracy and compliance. Once the application is approved, provisional protection will be granted for a period of 12 months. The granting of a provisional patent does not guarantee that the full patent application will be approved. However, it does provide the applicant with the opportunity to further develop the invention and provides a priority date for their patent application.

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What is a “provisional patent”?

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