What is a “provisional patent”?

A provisional patent is a legal document that provides temporary protection for an invention. It is typically filed with the United States Patent and Trademark Office (USPTO) and is valid for 12 months. In South Carolina, a provisional patent is used when an inventor has an idea that they wish to protect, but are not yet ready to file a full patent application. A provisional patent does not confer the same rights and benefits of a full patent. Instead, it provides limited protection over the invention for 12 months. During this period, a patent search can be conducted to determine if the invention has already been patented by another individual or company. It also allows the inventor to refer publicly to the invention as being "patent pending". In order to file a provisional patent in South Carolina, an inventor must provide a description of the invention, drawings illustrating the invention, and a brief discussion of the claimed novelty. It is important that specific steps are taken to protect the invention using a provisional patent. This includes limiting public disclosure of the invention as well as marking any public offering of the invention with the words "patent pending". A provisional patent does not become enforceable or grant protection until a full patent application is filed and granted. This must be done within 12 months of filing the provisional patent. If not, the provisional patent will expire and the inventor will lose the rights to the invention.

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What is a “provisional patent”?

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