What is a “provisional” patent application?
A provisional application is a mechanism that in effect shifts the effective term of patent protection. The term of a patent is tied to the actual filing date of the application (the date that the application is actually filed with the PTO). However, the effective filing date of an application is used to determine whether or not certain items are prior art against which patentability is measured. Filing a provisional application (then claiming the benefit of the provisional application) can establish the effective filing date of a later filed regular application for the purpose of defining prior art. However, the pendency of the provisional application is not included in the calculation of the term of the patent issuing from the application. This in effect shifts the effective term of US patent protection in time by up to one year. However, time periods in which foreign applications must be filed are measured from the date of the provisional application. Under the statute, the requirem
A provisional patent application is an application that is filed with the U.S. Patent and Trademark Office (USPTO) to secure a filing date, but which is not examined. As long as a comparable, complete patent application is filed within one year after the provisional patent application’s filing date, the provisional patent application’s filing date will serve as the priority filing date for determining patentability (only prior art occurring before that date will be considered). The Patent term, however, will be calculated as 20 years from the filing date of the complete, utility patent application.
A provisional application is a faster, less expensive application used to establish the original filing priority date with the patent office while still investigating whether to proceed with filing a full application. After filing a provisional patent the applicant has one year to file a complete application.
A provisional application for patent is a U.S. national application for patent filed in the PTO under 35 U.S.C. ยง111(b). It allows filing without a formal patent claim, oath or declaration, or any information or prior art disclosure. It provides the means to establish an early effective filing date in a patent application and allows the term “Patent Pending” to be applied.
