What are provisional applications and how do they differ from non-provisional applications?

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.

Provisional applications are a type of patent application that allows inventors to establish an early filing date without the formal requirements of a non-provisional application. According to MPEP 201:

‘A provisional application is a U.S. national application for patent filed in the USPTO under 35 U.S.C. 111(b).’

Key differences between provisional and non-provisional applications:

• Provisional applications have a simplified filing process and lower fees.
• They do not require formal patent claims or an oath or declaration.
• Provisional applications are not examined and automatically expire after 12 months.
• To obtain patent protection, a non-provisional application claiming benefit of the provisional must be filed within 12 months.

Non-provisional applications, on the other hand, are formal patent applications that are examined by the USPTO and can result in an issued patent if approved.

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

For more information on patent application types, visit: patent application types.

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