What is a provisional patent application?

A provisional patent application is a legal document submitted to the United States Patent and Trademark Office (USPTO) in Washington that allows an inventor to protect his or her invention for up to 12 months. This type of patent application does not require a detailed description of the invention or an accompanying drawing. Inventors must submit a provisional patent application if they wish to establish an early effective filing date, which can be important if the invention is later subject to a patent dispute. The provisional application is essentially a placeholder, giving the inventor time to refine the invention before submitting a full patent application. The USPTO requires a few forms, as well as a written description, to accompany the provisional application. Once filed, the patent applicant will receive a filing receipt, but the application is not examined or published. To be awarded a patent, the applicant must submit a non-provisional patent application within a year of the provisional application. In Washington, provisional patent applications can provide inventors with some protection, even though they are less expensive than other patent applications. However, they are not as comprehensive as a regular patent application, and they are not enough to provide total protection against a patent infringement claim. To fully protect an invention, a non-provisional patent application must be filed within the designated time frame.

Related FAQs

Can I patent a natural product?
What are the costs of maintaining a patent?
What is a patent infringement defense?
What is a patent business plan?
What is patent licensing?
What is a non-obviousness rejection?
What is patent pending?
What is the procedure for foreign patent applications?
How do I conduct a patent search?
What is the difference between a U.S. patent and a foreign patent?

What is a provisional patent application?

Related FAQs

Related Blog Posts