A provisional patent application is one of two kinds of utility patent applications that one can file in the U.S. Patent Office. The other kind is a Non-provisional patent application. A provisional patent application is a kind of place holder that a person files in order to claim a priority date. It also allows the use of “Patent Pending” on products or services pertaining to the invention. This patent application does not go through the examination process of the U.S. Patent and Trademark Office (USPTO) and expires 12 months after its filing date, within which time the Applicant must file a non-provisional patent application in order to claim the benefit of the earlier-filed provisional application date.
Although a provisional patent application is a simple filing which does not require filing formal documents such as an oath or declaration, formal claims, or disclosing any prior art, and is not examined, federal statute, specifically, 35 U.S.C. §112, 1st paragraph, imposes minimum requirements in order for a later-filed non-provisional patent application to claim the benefit of the earlier filed provisional application: the specification and/or any drawings filed a) must fully and clearly disclose the method of making and use of the invention so that a person skilled in the art is enabled to make and use the invention; and b) must present the “best mode” for implementing the invention.
How Do I File a Provisional Patent Application?
In filing a provisional patent application, the USPTO also requires the filing of a Provisional Application Cover Sheet (Form PTO-SB 16) which specifies the inventors’ names, state or country of residency, title of the invention, and if the Applicant is claiming small entity status (defined as having less than 500 employees employed by Applicant), and identifies any U.S. Government agency having a property interest in the application. Failure to file said document will result in an Office Action which would require the filing of the document plus payment of a surcharge fee. This form may be obtained from the USPTO website.
The completed provisional patent application may be filed online through the USPTO’s EFS-Web, where the Applicant will instantly obtain an Application Serial Number after successful filing and payment of necessary filing fees (currently $220 for a large entity, and $110 for a small entity). Applications may also be mailed with a self-addressed stamped postcard and addressed to the attention of the Commissioner for Patents, U.S. Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450.
It is highly recommended that any person who desires to file a provisional patent application, or a non-provisional patent application, consult an attorney who specializes in Intellectual Property, specifically in patents, in order to ensure that the application filed meets all the requirements of the U.S. Patent Office.
Additional information and resources not discussed in this article may be obtained by visiting the USPTO website.
Lori Lapidario - Lori enjoys writing poetry and short children's stories. She started writing professionally in 2010. She graduated from the University of ...
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