FAQs

What is a provisional patent application?

A provisional patent application allows filing without any formal patent claims, oath or
declaration, or any information disclosure statement. A provisional patent application is
important because:

(1). It provides the means to establish an early effective filing date in a non-provisional
patent application.

(2). It also allows the term "Patent Pending" to be used in connection with your invention.


How long does a Provisional Patent Application Last?

A provisional application for patent lasts 12 months from the date the provisional
application is filed. The 12-month period cannot be extended. Therefore, an applicant who
files a provisional application must file a corresponding non-provisional application for
patent during the 12-month period of the provisional application in order to benefit from the
earlier filing of the provisional application. The corresponding non-provisional application
must reference the provisional application.
Once a provisional application is filed, the goal is to convert the provisional application to a
non-provisional before the 12 months end.
By filing a provisional application first, and then filing a corresponding non-provisional
application that references the provisional application within the 12-month provisional
application period, a patent term endpoint may be extended by as much as 12 months.










Important things to remember:

! You must file a provisional patent application before your 12-months expire.
If this time elapses your patent will be considered abandoned.

Make sure if your invention is for sale to the public, you must file your
provisional application before your 12 months expire. If this should happen,
you may forfeit certain rights to a provisional patent.

Keep a journal of invention- a simple notebook with your notes can really
come in handy if you should ever have to prove that you are the creator of
your invention. Keep it with you and write even the minute details. You will
be very glad you did!


Why should I consider a provisional patent application?
A provisional patent has many benefits:
It allows you to improve and /or test your invention in the market.
The non-provisional application can be backdated to the provisional applications
date.