How does MPEP 201 define a provisional application for patent?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

The MPEP 201 defines a provisional application for patent as follows:

“A provisional application for patent is a U.S. national application filed in the USPTO under 35 U.S.C. 111(b). It allows filing without a formal patent claim, oath or declaration, or any information disclosure (prior art) statement.”

Key features of a provisional application include:

• It provides the means to establish an early effective filing date in a later filed nonprovisional patent application.
• It allows the term “Patent Pending” to be applied in connection with the description of the invention.
• It has a pendency lasting 12 months from the date the provisional application is filed.
• The 12-month pendency period cannot be extended.

Provisional applications are often used by inventors to quickly secure a filing date while they continue to develop their invention or seek funding.

For more information on 12-month pendency, visit: 12-month pendency.

For more information on early filing date, visit: early filing date.

For more information on provisional application, visit: provisional application.