Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
Here’s the complete FAQ:
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).
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