What are the benefits and limitations of filing a provisional patent application?

Filing a provisional patent application offers several benefits but also has limitations:

Benefits:

• Establishes an early filing date quickly and inexpensively
• Allows use of ‘Patent Pending’ for up to 12 months
• Provides time to assess commercial potential before filing a nonprovisional application
• Does not require claims or an oath/declaration

Limitations:

• Limited 12-month pendency
• Cannot directly mature into a patent
• Not examined for patentability
• Cannot claim priority to any earlier applications

The MPEP notes: A provisional application is not entitled to the right of priority of any other application under 35 U.S.C. 119 or 365(a) or § 1.55, or to the benefit of an earlier filing date under 35 U.S.C. 120, 121 or 365(c) or § 1.78 of any other application.

Additionally, No claim for priority under 35 U.S.C. 119(e) or § 1.78(a)(4) may be made in a design application based on a provisional application. This limits the use of provisional applications in certain contexts.

For more information on USPTO Guidelines, visit: USPTO Guidelines.