Provisional Application for Patent

The United States Patent and Trademark Office (USPTO) offers inventors the option of filing a provisional application for patent that is designed to provide a lower cost first patent filing date in the United States and to place US inventors on equal footing with foreign inventors. If used correctly, a provisional patent application can be an effective patent filing. If used incorrectly, a provisional patent application can create a forfeiture of patent rights.

Advantages of filing a U.S. Application for Provisional Patent:

1. 1. It allows filing of a patent application without: a formal specification, formal drawings, claims, an oath or      declaration, or any information disclosure (prior art) statement.


2. 2. The government filing fee is $110 versus $462 for a (complete) U.S. Utility Patent Application.


3. 3. It provides the means to establish an early effective filing date in a later-filed complete utility patent application.


4. 4. It also allows the term "Patent Pending" to be applied in connection with the invention.


5. 5. The resulting publication of the non-provisional patent application or issued patent would be treated as a prior      art reference under 35 U.S.C. §102(e) as of the earlier provisional application filing date.


6. 6. It add one (1) year to the twenty (20) year patent term is measured from non-provisional application filing date.
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Disadvantages of filing a Provisional Application for Patent:

1. 1. The subject matter of the provisional application must fully disclose the subject matter claimed in the later      filed non-provisional application in order to receive the benefit of the earlier filing date. Applications that do      not fully disclose the invention will not be entitled to the earlier filing date. This can result in the forfeiture      and/or loss of US and foreign patent rights. By way of example only, if the non-provisional application is not      enabling then intervening prior art could prevent the grant of a patent.
   
   
2. 2. Provisional applications are not examined. Depending upon your business plan, it may be prudent to file a      non-provisional application so the claims are examined as soon as possible.
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4. 3. Foreign filing time clock starts: Any foreign national application and PCT application claiming priority to the      provisional application MUST be filed within one (1) year from filing date of the provisional application rather      than a later filed non-provisional application.

latest updates

USPTO Implements Prioritized Examination (Track 1)
The USPTO has been working for a while on its three-track program for utility patent prosecution. The multi-year backlog of applications yet to be examined is the driving force for the program.