What is a provisional application for patent?

A provisional application for patent is a type of U.S. patent application that allows inventors to establish an early filing date for their invention without filing a formal patent claim or any information disclosure statement. Key points about provisional applications include:

1. They provide a 12-month pendency from the date of filing.
2. They cannot be extended beyond 12 months.
3. They are not examined on their merits.
4. They can serve as a priority document in foreign filing.
5. They require a specification and drawing(s) if necessary to understand the invention.
6. They do not require formal patent claims or an oath or declaration.

Inventors must file a corresponding nonprovisional application within 12 months to claim the benefit of the provisional application’s filing date. For more details, see USPTO’s Provisional Application for Patent and MPEP 201.04(b).

Patent Applications Cover Three Broad Types of Subject Matter MPEP 201 Permitted
Oath/Declaration Requirement for Inventors, Especially Foreign Ones MPEP 2004 Informative
Oath Must Be In Understandable Language MPEP 2004 Prohibited
Oath Requirement for Foreign Language Declarations MPEP 2004 Informative
Evaluate Materiality of Closest Prior Art MPEP 2004 Permitted