Understanding Provisional Patent Applications: Benefits and Process Explained

Thoughts to Paper - June 27, 2023

A provisional patent application serves as an initial optional step in the patent application process, offering inventors temporary protection for their inventions while they raise funds, test the market, or refine the invention before deciding to file a nonprovisional patent application. This article aims to provide a comprehensive understanding of provisional patent applications, including their benefits and the process involved. Whether you’re an inventor looking to protect your innovation or simply curious about the patenting process, this article will guide you through the essentials of the provisional patent application.

What is a Provisional Patent Application?

A provisional patent application is a document filed with the patent office that establishes a filing date and provides a 12-month window of temporary protection for an invention. Unlike nonprovisional patent applications, provisional applications do not undergo formal examination or result in the issuance of a patent. Instead, they serve as a placeholder, offering inventors time to refine the invention, test the market, and raise funds before pursuing a nonprovisional patent application.

Benefits of Filing a Provisional Patent Application

Establishing Priority: By filing a provisional application, inventors secure a filing date. This date is important in determining who has the right to obtain a patent for an invention as whoever files a patent application first has the first right to pursue a patent. If two inventors invent similar inventions, the inventor that files a patent application first will have the chance to obtain a patent for the invention.
Extended Development Time: The 12-month provisional patent application period allows inventors time to further improve their invention, conduct market research, and seek potential investors, before committing the additional time and money into filing a nonprovisional patent application.
Cost-Effective: Provisional patent applications involve fewer formalities and require less documentation compared to nonprovisional applications. As a result, the filing fees and legal fees associated with provisional applications tend to be lower. This makes them an attractive option particularly for inventors with limited upfront financial resources.

The Process of Filing a Provisional Patent Application

Documenting the Invention: The first step involves thoroughly documenting the invention. This includes providing a detailed description, any necessary drawings or diagrams, and disclosing the invention’s novelty and potential applications.
Drafting the Provisional Patent Application: Inventors must prepare a written description of the invention, detailing its various aspects and features. Only what is described will be protected by the provisional patent application. It is a common misconception that a provisional patent application can be written vaguely. A patent application protects only what is clearly described so it is important that the application describe the invention in detail, even for a provisional patent application.
Filing with the Patent Office: The provisional patent application is filed with the patent office and filing fees are paid. It is important to make sure the patent application meets the patent office’s requirements and guidelines.
Follow-Up Nonprovisional Application: Within 12 months of filing the provisional patent application, inventors must file a corresponding nonprovisional patent application to keep the filing date saved by the provisional patent application. If a nonprovisional patent application is not filed within the 12 months the provisional patent application is active, the filing date of the provisional patent application will be lost. If the filing date of the provisional patent application is lost, you lose your place in the line with the patent office and another inventor who filed a patent application after you will become in front of you. See an example of this in the article: Understanding Provisional Patent Applications.

Maximizing the Provisional Patent Application

Thoroughly Describe the Invention: The provisional patent application should provide a comprehensive and detailed description of the invention, including its components, functionality, and potential variations. If your provisional application doesn’t clearly describe how the invention works, the patent office may later decide not to acknowledge the provisional patent application as having saved a filing date.
Seek Professional Assistance: Consulting a patent attorney or patent agent can help ensure that the provisional patent application is prepared correctly and includes all the necessary information to protect the invention. Their expertise can significantly improve the quality of the patent application and increase the chances of later obtaining a nonprovisional patent application. A patent attorney or patent agent has the experience to write a detailed provisional patent application that will secure your patent filing date. If a provisional patent application is written poorly, the patent office may decide that the date saved by the provisional patent application cannot be used when you later file a nonprovisional patent application. Simply put, a poorly written provisional patent application may become useless.

A provisional patent application can be a valuable tool to inventors by protecting their inventions during the early stages of development. However, it is important that the provisional patent application be well drafted and filed properly, otherwise it will have no value and may be considered invalid by the patent office. Work with an experienced patent attorney or patent agent in preparing a provisional patent application that will effectively save a filing date for your invention and temporarily protect your invention for 12 months.