What is a provisional application for patent?

A provisional application for patent is a type of U.S. patent application that allows inventors to establish an early filing date for their invention without filing a formal patent claim or any information disclosure statement. Key points about provisional applications include:

1. They provide a 12-month pendency from the date of filing.
2. They cannot be extended beyond 12 months.
3. They are not examined on their merits.
4. They can serve as a priority document in foreign filing.
5. They require a specification and drawing(s) if necessary to understand the invention.
6. They do not require formal patent claims or an oath or declaration.

Inventors must file a corresponding nonprovisional application within 12 months to claim the benefit of the provisional application’s filing date. For more details, see USPTO’s Provisional Application for Patent and MPEP 201.04(b).

Topics: MPEP 200 - Types and Status of Application; Benefit and Priority Claims, MPEP 201 - Types of Applications, Patent Law, Patent Procedure
Tags: early filing date, patent filing, provisional application, temporary protection