How does a provisional patent application 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.

While the MPEP 201.02 doesn’t provide detailed definitions, it references 37 CFR 1.9(a) for the definitions of provisional and nonprovisional applications:

• Provisional Application: A temporary application that establishes an early filing date but does not mature into an issued patent without further action.
• Nonprovisional Application: A regular patent application that can be examined and potentially result in an issued patent.

Key differences include:

• Provisional applications have a pendency of 12 months from the filing date.
• Nonprovisional applications undergo examination, while provisional applications do not.
• A nonprovisional application must be filed within 12 months of the provisional to claim its filing date benefit.

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

For more information on patent examination, visit: patent examination.

For more information on patent filing, visit: patent filing.

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