What is a provisional patent application?

A provisional patent application is a filing with the United States Patent and Trademark Office (USPTO) that secures an earlier filing date for a patent application. It does not provide any rights to the inventor, but it does allow an inventor to establish an "effective filing date" which is the date from which the USPTO will start looking to see if someone else has a prior claim to the invention. This is a form of “patent pending” protection and provides the inventor with a year to decide whether to pursue an actual patent. When filing a provisional application, the inventor is not required to include any claims of the invention. The inventor must provide a description of the invention and drawings (if applicable). A claim may be added in as well, but it will not be examined by the USPTO. A "claim" in a patent is the legal text used to define the Legal scope of the invention. Filing a provisional application in Utah is the same as any other state in the U.S., and the fee is the same regardless of what state you file in. The USPTO accepts paper and electronic filings. Electronic filing is recommended, as it is much faster to pay and submit the application than paper filing. It is important to note that the provisional patent application does not actually become a patent. In order to receive a patent, the inventor must eventually file a non-provisional patent application. This can be done within 12 months of filing the provisional application. The non-provisional application must be accompanied by a detailed description of the invention and legal claims of the invention. The USPTO will then examine the application and decide whether an inventor is entitled to a patent.

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What is a provisional patent application?

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