What is a Provisional Patent Application?
There is no such thing as a Provisional Patent. Many people refer to a provisional application as a provisional patent or a patent pending application. However once filed, any patent application, whether it be provisional or non-provisional, is patent pending. Patent Pending simply means that a patent application has been filed with the United States Patent Office (USPTO).
A provisional patent application is a simplified and cost-effective way for inventors to establish an early filing date for their invention in the United States. It provides a 12-month window to file a corresponding non-provisional (regular) patent application while allowing the inventor to use the term “Patent Pending” during this period.
Benefits of Filing a Provisional Patent Application
Filing a provisional patent application offers several strategic advantages for inventors:
- Early Filing Date: By filing a provisional application, inventors can secure an early effective filing date for their invention. This date is crucial in determining the novelty and non-obviousness of the invention during the patent examination process.
- Patent Pending Status: Once a provisional application is filed, the inventor can legally use the term “Patent Pending” in connection with the invention, which can deter potential infringers and competitors.
- Delayed Costs: Provisional applications have lower upfront costs compared to non-provisional applications, as they do not require many of the formal documents a complete patent does.
- Additional Development Time: The 12-month pendency period allows inventors to further refine their invention, assess market potential, seek investors or manufacturers, and prepare a more comprehensive non-provisional application.
- Preserving Confidentiality: Unlike non-provisional applications, provisional applications are not published or publicly disclosed, allowing inventors to maintain confidentiality during the development phase.
What a Provisional Application Provides
A provisional patent application must include a written description of the invention, including any necessary drawings or diagrams, to meet the disclosure requirements of 35 U.S.C. § 112. However, it does not require the same formal elements required in a complete patent such as an inventor’s oath or declaration. While a provisional application does not undergo substantive examination by the USPTO, it provicdes an earlier priority date and provides a 12-month window to file a corresponding non-provisional application claiming the benefit of the provisional filing date. To avoid any potential loss of rights, you should not delay in filing the complete application and should begin to prepare to file the application well in advance of the 12-month deadline.
By strategically filing a provisional patent application, inventors can secure their invention’s priority date, gain valuable development time, and potentially save costs while assessing the market potential and refining their invention before committing to the more expensive and rigorous non-provisional application process
If you are interested in filing a provisional application, it is highly recommended that you consult with one of our experienced patent attorneys to prepare a provisional patent application.