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

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

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 The MPEP 201.04 states: ‘A provisional application will not be published, and, therefore, no publication fee is required.’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.