Provisional Application “Provisional Patent”

Under United States patent law, a provisional application is a legal document filed in the United States Patent and Trademark Office (USPTO), that establishes an early filing date, but which does not mature into an issued patent unless the applicant files a regular non-provisional patent application within one year. There is no such thing as a “provisional patent”.

A provisional application is a simple and inexpensive way to protect your ideas, and to stop fearing that someone will steal them while you are presenting to companies, backers, partners, financiers, etc.

Patents are expensive and they take many years to issue.  With a provisional application, it starts working the same day as you file and allows you to put “patent pending” on your ideas/products while you  shop your product to potential buyers or manufacturers.

A provisional application includes a specification, i.e. a description, and drawing(s) of an invention (drawings are required where necessary for the understanding of the subject matter sought to be patented), but does not require formal patent claims, inventors’ oaths or declarations, or any information disclosure statement (IDS). Furthermore, because no examination of the patentability of the application in view of the prior art is performed, the USPTO fee for filing a provisional patent application is significantly lower (US$ 125 as of September 2011) than the fee required to file a standard non-provisional patent application. A provisional application can establish an early effective filing date in one or more continuing patent applications later claiming the priority date of an invention disclosed in earlier provisional applications by one or more of the same inventors.1

  1. Your Patent Pending Status starts immediately
  2. Cheap $125 for a USPTO (US Patent and Trademark Office)
  3. Protects your idea for 1 year
  4. During this one year period, you can create your marketing plan , you have time to find a manufacturing firm, or even sell your product
  5. Patent Pending in hand makes potential partners take you and your product seriously
  6. It doesn’t take long, you can have it filed and one day and protect for one year beginning immediately.  Same day as filed
  7. A PP will cover many elements that will help when you file non-provisional patent (NPP)
  8. Gives you time to study the market and raise capital
  9. You can sell your rights to a Patent Pending if you decide to sell your idea/product
  10. Offer’s you very serious protection for 1 year!

1Provisional Application. 2012. Wikipedia. June 14, 2012.

About Richard Krouch

Richard Krouch is a Sr. Software Developer and has developed many applications and web sites.
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