Provisional Patent Applications

A provisional patent application is filed with the United States Patent and Trademark Office (USPTO) as an alternative or prelude to a non-provisional patent application. It allows inventors to secure a filing date without requiring formal patent claims or drawings. The USPTO does not examine the application, and it automatically expires one year after its filing date.

Filing Date and Priority

Filing a provisional application ensures a filing date for the elements of the invention disclosed in the application. If filed within one of the filing date of the provisional application, a non-provisional patent application may claim priority to the provisional application for claims supported by the provisional application's disclosure. A provisional may claim priority to multiple provisional applications, each with different or additional disclosures. 

Publication of Provisional Applications

Provisional applications remain confidential during their one-year period and are only published if a subsequent non-provisional application claims priority to them. Without such a claim, the provisional application's disclosure remains unpublished.

Benefits of Filing Provisional Applications

• Establishing Priority Date: This is crucial in first-to-file patent systems, securing the inventor's place in the filing timeline, which can be decisive in overcoming prior art.

• Extended Development Time: Inventors can use the year after filing to refine their invention, conduct market research, and secure funding without committing to the full non-provisional patent application and process.

• "Patent Pending" Status: Once a provisional patent application has been filed, a "pattern pending" notification may apply to the claimed invention's embodiments. This notification helps to deter potential competitors by providing notice that the invention is in the patenting process.

• Cost Savings: Provisional applications are less expensive due to lower USPTO fees and potentially lower legal fees, as claims and formal drawings are not required.

Drawbacks of Provisional Patent Applications

• Limited Protection Period: Inventors must file a non-provisional application within a year of the provisional application filing date to claim priority to that provisional application.

• No Immediate Patent Rights: A provisional application does not grant patent rights. Patent rights may only be obtained after filing and successfully prosecuting a non-provisional application that claims priority to that provisional application.

• Strict Filing Requirements: Although less formal, a clear and comprehensive description of the invention is necessary to effectively support a priority claim in a subsequent non-provisional application.

How TCP Law Can Help

Provisional patent applications offer a strategic means of protecting an invention while providing additional time for research and development. A patent attorney at TCP Law can help draft and file provisional and non-provisional patent applications, claiming priority to that provisional application.

For assistance with a provisional patent application or with any other patent issue, please contact TCP Law at info@tcplawfirm.com or 917-612-1059.