What is a “provisional patent”?

A provisional patent is a type of patent that is filed with the U.S. Patent and Trademark Office (USPTO). It is a process that allows an inventor to get protection of their invention for a period of time, typically 12 months. This gives the inventor time to further develop and refine the invention, as well as to market and find investors. In Minnesota, a provisional patent must include a written description of the invention, as well as drawings and claims that define the invention. The application must also include the “best mode” or the most effective way in which the invention can be used. Once the provisional patent is filed, it is valid for one year and can be renewed for another year. A provisional patent allows inventors in Minnesota to protect their inventions without having to go through the time-consuming and expensive process of filing for a full patent. It also allows inventors to market their invention and build interest in it before having to spend the money to apply for a full patent. For those in Minnesota interested in filing for a provisional patent, the Minnesota State Bar Association website has a helpful resource guide. Inventors should also consult a qualified attorney who specializes in patent law, as they can provide further advice on the process.

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