What is a provisional patent application and how does it differ from a nonprovisional application?

A provisional patent application is a type of patent application that allows inventors to establish an early filing date for their invention. Key differences between provisional and nonprovisional applications include:

• Provisional applications are not examined and automatically expire after 12 months
• Provisional applications require fewer formal components than nonprovisional applications
• Provisional applications cannot directly result in a granted patent

The MPEP states: A provisional application will not be examined. However, a provisional application which does not include a cover sheet (37 CFR 1.51(c)(1)), which may be an application data sheet (37 CFR 1.76) or a cover letter, identifying the application as a provisional application, will be treated as a nonprovisional application filed under 37 CFR 1.53(b).

To obtain a filing date, a provisional application must include:

• A specification as prescribed by 35 U.S.C. 112(a)
• Any necessary drawings
• The appropriate filing fee

Inventors often use provisional applications to secure an early filing date while allowing additional time to prepare a more comprehensive nonprovisional application.

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

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

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