What is the provisional patent?

A provisional patent is a type of patent application that is filed with the United States Patent and Trademark Office (USPTO). The purpose of a provisional patent is to establish an early effective filing date for a invention and allow the inventor to claim “patent pending” status for their invention. This type of patent application is especially useful for inventors who are not yet ready to file a non-provisional patent application, but want to establish an early priority date for their invention. Read more to know what is provisional patent.

Provisional Patent vs Non-Provisional Patent

The main difference between a provisional and non-provisional patent is the level of detail and completeness required in the application. A non-provisional patent application must include a detailed description of the invention, the best mode of practicing the invention, and one or more claims defining the scope of the invention. On the other hand, a provisional patent application only requires a description of the invention, and it does not require any claims or an oath or declaration.

Additionally, a provisional patent application is not examined by the USPTO, unlike a non-provisional patent application. The inventor can file for a non-provisional patent application within 12 months of the provisional patent application, this non-provisional patent application will be considered having the same date as the provisional patent application (if it is non-obvious over the provisional patent application and also is fully compliant to other rules) allowing the inventor to have an earlier effective filing date.

Benefits of a Provisional Patent

There are several benefits to filing a provisional patent application, including:

1. Establishing an early effective filing date: A provisional patent application allows the inventor to establish an early effective filing date for their invention, which is important in case of patent disputes or in case of a non-provisional patent application filing within 12 months of the provisional patent application.
2. “Patent Pending” status: Filing a provisional patent application allows the inventor to claim “patent pending” status for their invention, which can be useful for deterring potential infringers and for attracting investors or partners.
3. Reduced cost: Filing a provisional patent application is less expensive than filing a non-provisional patent application, as it does not require a detailed description of the invention, claims, or an oath or declaration.
4. Flexibility: Provisional patent applications can include multiple inventions, and the inventor can decide later to file a non-provisional patent application for one or more of those inventions.

Drawbacks of a Provisional Patent

While there are many benefits to filing a provisional patent application, there are also some drawbacks to consider, such as:

1. Limited protection: A provisional patent application only provides limited protection for the inventor’s invention, as it is not examined by the USPTO and it does not result in the grant of a patent.
2. Time constraint: The inventor only has 12 months from the filing date of the provisional patent application to file a non-provisional patent application, after which the provisional patent application will be abandoned.
3. Limited priority: A provisional patent application has limited priority over other patent applications, as it does not have to meet the same level of detail and completeness as a non-provisional patent application.
4. Cost: Even though provisional patent application is less expensive than non-provisional patent application but inventors still have to pay for professional help for drafting and filing provisional patent application.