What is a provisional application?

A provisional patent application establishes a filing date and is generally faster to file as it is not required to include formal patent claims or an oath or declaration. If filed before a public disclosure, a provisional application will protect an invention for the duration of the provisional patent application. A provisional patent application is valid for only 12 months, cannot be extended, and is not examined by the USPTO. A provisional application provides the means to establish an early effective filing date in a patent application and permits the term “Patent Pending” to be applied in connection with the invention.

To continue protection beyond the original 12-month period, a corresponding nonprovisional application must be filed during the 12-month lifespan of the provisional patent application. When either converting a provisional application or filing a corresponding non-provisional application, only those concepts covered under the original provisional application can make a claim back to the original filing date. Hence provisional patent applications should be as thorough as possible and include all research findings and possible claims to offer the best protection for any follow-on applications.