What is a provisional patent application?

A provisional patent application is a type of patent application that is filed with the United States Patent and Trademark Office (USPTO). This type of patent application is used when inventors want to protect their inventions but are not yet ready to file a full patent application. When an inventor files a provisional patent application in Florida, they are provided with an official filing date and are given the right to claim “patent pending” status for their invention. While provisional patent applications do not undergo a full examination, they can still provide an inventor with some temporary protection from competitors. Provisional patent applications must include a description of the invention and any drawings that may be necessary for the patent office to understand the invention. Additionally, the application must include a written description of the invention and the inventor must swear that they are the true and original inventor of the invention. In Florida, a provisional patent application is valid for one year from the time it is filed, and during this time inventors can continue to work on perfecting their invention and preparing a non-provisional patent application. It is important to note that a provisional patent application does not provide its applicants with any legal protection but gives them the right to claim “patent pending” status.

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