Advantages of Filing a Provisional Application
- establishes an earlier filing date for up to one year
- provides simplified filing (patent claims, oath or declaration, and disclosure of prior art not required)
- 12-month pendency period allows you to assess the invention's commercial potential
- permits authorized use of "patent pending" for 12 months in connection with description of the invention
- begins Paris Convention priority year
- United States Patent and Trademark Office. (2015) Provisional Application for Patent.
Disadvantages of Filing a Provisional Application
- must satisfy 35 USC §112(a) with respect to a later-claimed invention in order to provide any benefit of priority
- the various claims of later-filed utility application may have different priority dates based on multiple provisional application filing dates, which must be evaluated and considered
- examination is delayed up to one year (until non-provisional application is examined)
- content must be evaluated for adequacy of disclosure to support the claim for priority
Provisional Application Requirements
- Provisional Application Filing Fee (6th on the list)
- Provisional Application Cover Sheet
- name(s) of all inventors
- inventor residence(s)
- title of the invention
- name and registration number of attorney or agent and docket number (if applicable)
- correspondence address
- any U.S. Government agency that has a property interest in the application (if applicable)
- Specifications (a written description complying with 35 USC §112(a) (p. L-24)
- Drawings (when necessary) to understand the invention (complying 35 USC §113(a) (p. L-25)
