Preliminary Patent Applications
Preliminary Patents in the USA
A provisional patent application is a type of patent application that can be filed with the United States Patent and Trademark Office (USPTO) or similar country authority to secure an early filing date for an invention. It is a low-cost and simplified way to establish the priority of an invention without having to file a formal patent claim, oath or declaration, or any information disclosure statement. A provisional patent application also allows the inventor to use the term “patent pending” in connection with the description of the invention.
A provisional patent application has a duration of 12 months from the date it is filed. During this period, the inventor can test, refine, and market the invention to determine its commercial viability. However, to obtain patent protection beyond the 12-month period, the inventor must file a corresponding nonprovisional patent application that claims the benefit of the provisional patent application. The nonprovisional patent application must contain or be amended to contain a specific reference to the provisional patent application and must be filed within the 12-month pendency period of the provisional patent application or within 14 months with a grantable petition. If the inventor fails to file a nonprovisional patent application within the required time frame, the provisional patent application will expire and the inventor will lose the benefit of the earlier filing date.
A provisional patent application can be beneficial for inventors who want to secure their position as “first to file” by submitting a simplified application that does not reveal the exact details of their invention. It can also save costs by avoiding legal fees and allowing inventors to prepare their own application. However, a provisional patent application does not guarantee that a patent will be issued from it. It is only a temporary placeholder that requires a subsequent nonprovisional patent application to obtain patent protection. Therefore, inventors should carefully consider their options and consult a patent attorney before filing a provisional patent application.
US Patent and Trademark Office
Read through the USPTO’s instructions on filing for a provisional patent:
Provisional Application for Patent | USPTO
European Patent Office
You can also see what the process looks like using the European Patent Office. Many large companies that plan to have an international market will file in the applicable country’s patent office.
