What is a provisional patent application and how does it differ from a nonprovisional application?

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.

A provisional patent application is a type of patent application that allows inventors to establish an early filing date for their invention. Key differences between provisional and nonprovisional applications include:

• Provisional applications are not examined and automatically expire after 12 months
• Provisional applications require fewer formal components than nonprovisional applications
• Provisional applications cannot directly result in a granted patent

The MPEP states: A provisional application will not be examined. However, a provisional application which does not include a cover sheet (37 CFR 1.51(c)(1)), which may be an application data sheet (37 CFR 1.76) or a cover letter, identifying the application as a provisional application, will be treated as a nonprovisional application filed under 37 CFR 1.53(b).

To obtain a filing date, a provisional application must include:

• A specification as prescribed by 35 U.S.C. 112(a)
• Any necessary drawings
• The appropriate filing fee

Inventors often use provisional applications to secure an early filing date while allowing additional time to prepare a more comprehensive nonprovisional application.

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

For more information on patent application types, visit: patent application types.

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