What is a provisional patent application?

A provisional patent application is an application used to establish an early filing date in the United States Patent and Trademark Office (USPTO). It is a quick and inexpensive way of claiming priority on inventions. Provisional patent applications are intended to give inventors time to further develop and refine their invention and to raise funds for its eventual commercialization. A provisional patent application does not result in a granted patent. However, it does provide an early filing date which can be used to determine if the invention was "first to invent". If someone else later attempts to patent the same invention, the inventor who submitted the provisional application may use its earlier filing date to prove their invention was the first one. In California, a provisional patent application must include a specification that adequately describes the invention and provides enough detail for someone skilled in the technology to understand how to make and use it. It should also include an information disclosure statement to inform the USPTO of existing related patents and publications. The provisional application is NOT examined by the USPTO and so does not draw an official search or examination. It must be supported by a full utility patent application within one year of filing the provisional application.

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What is a provisional patent application?

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