What is a provisional patent application? Patent Knowledge Tidbits

A provisional patent application is often a first step in the patenting process. The patent office does not examine this type of application, and it cannot become a patent itself. It serves as more of a “placeholder” for a particular invention. A provisional application is more informal, often shorter, doesn’t have any claims (the legally enforceable part of a normal patent), and expires after only a year. In turn it is cheaper and easier to file, providing a convenient path towards invention protection in the early stages of development.

If, within the year following the filing of a provisional application, the inventor decides he would like to get a full-fledged patent he should file a normal application. The patent office will eventually examine this application, and it may eventually become patented, in which case it will get the “priority date” of the provisional application. In some sense, provision applications allow an easy route to saying “I had this idea first,” without venturing into the labyrinth that is the patent prosecution process.

For more information, check out the USPTO’s summary.

This series of short articles is designed to help answer some commonly-asked questions and point readers in the direction of more information. This is the first of seven articles in the series, which will be published over the next week.