What is a “provisional patent”?

A “provisional patent” is a type of patent protection available in South Dakota under the US Patent Law. It gives inventors a temporary, but effective form of protection for their invention for up to a year. A provisional patent can help an inventor gain legal rights to their invention while they decide if they wish to apply for a full patent. It can also be used to protect a concept while the inventor attempts to attract investors or generates revenue to finance a full patent application. When filing a provisional patent, the inventor must include a detailed description of the invention as well as drawings or diagrams, and other information to support it. Once the provisional patent is approved, the invention is described as "patent pending". If the inventor decides to apply for a full patent, they must file a non-provisional patent application within a year of filing the provisional patent. If they do not file a full patent application within the year, the provisional patent will expire and the inventor will no longer have any legal protection for the invention. Provisional patents are a great way for inventors to protect their ideas and have a year to decide if they wish to pursue a full patent. It is important to note, however, that provisional patents cannot be enforced until a full patent is issued. As such, inventors should be aware of the risks associated with relying on provisional protection and speak to a qualified patent attorney if they have any questions.

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What is a “provisional patent”?

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