What are the Provisional Patent Application Requirements?

The United States Patent Office requires inventors to submit a provisional patent application before filing a non-provisionally filed patent application. This allows the USPTO to review the invention and determine whether it meets the criteria for patent protection.

Here's what you need to know about the process.

A provisional patent application must contain at least one claim directed to an inventive concept. It also must describe the invention with sufficient detail so that a skilled artisan would understand how to make and use the claimed invention.

What Is a Provisional Patent Application?

A provisional patent application is a type of patent application filed before the U.S. Patent and Trademark Office (USPTO) grants a non-provisionally allowed patent. This means that the USPTO has not yet determined whether the applicant will receive a patent. If the applicant meets certain requirements, he or she may then submit a non-provisionary patent application.

When Should You File a Provisional Patent Application with the USPTO?

There are two main reasons why an inventor might choose to file a provisional patent application. First, filing a provisional patent application allows inventors to obtain a patent without having to pay the full fee associated with a non-provisional patent application. Second, filing a provisional patent application gives inventors more time to decide whether to pursue a non-provision patent application.

What Are the Benefits of Filing a Provisional Patent Application Before Submitting a Non-Provisional Patent Application?

If you do not submit a non-provisionally filed patent application within one year after filing a provisional patent application, then you will lose the right to receive any benefit of the provisional patent application. You also cannot claim priority to the provisional patent application. However, you can still file a non-provision application as soon as you are ready to do so.

What Are the Costs Associated with Filing a Provisional Application?

There are no costs associated with filing a provisional application. However, there are fees associated with filing a non-provisionary application. These fees vary based on the type of application and the number of claims being made.