How does a provisional application affect public disclosure of an invention?

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.

Filing a provisional application does not automatically result in public disclosure of your invention. The MPEP 201.04 states: ‘A provisional application will not be published, and, therefore, no publication fee is required.’

This means that your invention remains confidential when you file a provisional application. However, it’s crucial to understand that:

• The confidentiality only applies to the USPTO’s handling of your application.
• If you publicly disclose your invention yourself, it could affect your ability to obtain patents in some countries.
• The 12-month grace period for filing a nonprovisional application starts from the provisional filing date, not from any public disclosure you might make.

Always consult with a patent attorney before making any public disclosures about your invention, even after filing a provisional application.

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

For more information on public disclosure, visit: public disclosure.