How does MPEP 201 define a provisional application for patent?

The MPEP 201 defines a provisional application for patent as follows:

“A provisional application for patent is a U.S. national application filed in the USPTO under 35 U.S.C. 111(b). It allows filing without a formal patent claim, oath or declaration, or any information disclosure (prior art) statement.”

Key features of a provisional application include:

• It provides the means to establish an early effective filing date in a later filed nonprovisional patent application.
• It allows the term “Patent Pending” to be applied in connection with the description of the invention.
• It has a pendency lasting 12 months from the date the provisional application is filed.
• The 12-month pendency period cannot be extended.

Provisional applications are often used by inventors to quickly secure a filing date while they continue to develop their invention or seek funding.

For more information on 12-month pendency, visit: 12-month pendency.

For more information on early filing date, visit: early filing date.

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