Provisional Patent Application
A Provisional Patent Application is an essential first step for inventors seeking to secure their intellectual property. It allows you to establish an early filing date for your invention while providing you with a 12-month window to further develop your invention, refine your patent application, and file a full (non-provisional) patent application.
A provisional application does not require formal patent claims, an oath, or declaration but must sufficiently describe the invention. It is an affordable and strategic tool for inventors to protect their ideas while they continue to work on them.
Important Points about Provisional Patent Applications
Temporary Protection:
A provisional patent application gives you the right to claim “patent pending” for 12 months from the filing date.Cost-Effective:
The cost of filing a provisional patent application is significantly lower than that of a non-provisional patent application, making it an affordable option for early-stage inventions.No Formal Claims Required:
You are not required to include patent claims, formal drawings, or an oath when filing a provisional patent application. However, the description of your invention should be comprehensive enough to enable someone skilled in the field to understand and replicate it.12-Month Deadline:
Within 12 months of filing the provisional patent, you must file a corresponding non-provisional patent application if you wish to continue the patenting process.No Patent Rights:
A provisional patent application itself does not grant any patent rights. It only secures the filing date. You must file a non-provisional application to secure actual patent rights.
How to File a Provisional Patent Application
Prepare a Detailed Description:
Write a detailed description of your invention, including its purpose, features, and how it works. Include any relevant diagrams or drawings that help explain the invention.Include Supporting Materials:
Depending on the nature of your invention, you may need to include supporting materials such as prototypes, data, or test results that demonstrate the functionality or novelty of your invention.File the Application:
Submit the provisional patent application with the relevant patent office (e.g., the United States Patent and Trademark Office (USPTO), the European Patent Office (EPO), etc.). This can typically be done online.Pay the Filing Fee:
You must pay the applicable filing fee for the provisional patent application. The fee can vary depending on the jurisdiction.Review and Revise:
While the provisional application provides temporary protection, you should spend the next 12 months working on refining your invention and preparing your non-provisional patent application.
Benefits of a Provisional Patent Application
Establishes an Early Filing Date
Filing a provisional patent establishes an early filing date, which is important for determining priority if other inventors file similar patents later.
Allows “Patent Pending” Status
Once filed, your invention can be labeled as "patent pending," which provides a level of deterrence to potential infringers and indicates that you have filed for patent protection.
Affordability
The lower cost of filing a provisional patent application makes it an attractive option for individual inventors and startups.
12-Month Window
The 12-month period gives you ample time to develop your invention further, seek investors, and determine whether you want to proceed with a full non-provisional patent application.
Documents Required for a Provisional Patent Application
Detailed Description:
A complete written description of your invention, including all relevant technical information and details about how it works.Drawings or Diagrams:
Visual representations of the invention are not mandatory but highly recommended, as they help clarify the functionality of the invention.Filing Forms:
The official provisional patent application forms required by the relevant patent office.Fee Payment:
Payment of the filing fee, which varies depending on the jurisdiction and size of the entity filing.Declaration or Statement of Invention:
Some jurisdictions may require a statement or declaration regarding the invention and the inventors involved.
Deliverables of Provisional Patent Application
Filing Confirmation:
After submitting the application, you will receive a confirmation from the patent office indicating the application has been filed and the filing date.“Patent Pending” Status:
Once the provisional application is filed, you can legally refer to your invention as “patent pending.”Feedback from the Patent Office (if applicable):
In some cases, you may receive feedback from the patent office, although provisional applications are generally not examined until a non-provisional application is filed.
Frequently asked Questions
A provisional patent application is a preliminary filing that secures an early filing date, whereas a non-provisional patent application is the full application that undergoes examination and can lead to a granted patent.
Yes, you can make improvements and revisions, but you must file a non-provisional patent application within 12 months to secure any changes.
No, claims are not required in a provisional patent application. However, your description should be detailed enough for someone skilled in the field to understand the invention.
Yes, you can file multiple provisional applications, but each should cover different aspects of the invention. Keep in mind that each application needs to be comprehensive and specific.
If you fail to file a non-provisional application within the 12-month period, your provisional patent application expires, and you lose the benefit of the filing date.
No, a provisional patent application is only valid in the country where it was filed. However, it can serve as a priority filing for international patent applications under the Patent Cooperation Treaty (PCT).
Why Choose Us
Experienced Professionals:
Our team consists of certified and experienced Registered Valuers who follow industry standards and legal requirements.
Timely and Accurate Reports
We deliver detailed and accurate valuation reports within the stipulated time frame, ensuring that our clients can make informed decisions.
Secure & Confidential
Documents and information are always kept private. Information shared with the lawyer are 100% confidential.
Still have Questions?
Ask LitiExpert
If you have any questions related to the product.
Chat with an LitiExpert expert
Call our Agent at
+91-85 8888 7480
Mon-Sat: 9am-9pm
Sunday: 9am- 2pm
Related Services
Trademark Registration
Secure exclusive rights to your brand by registering your trademark, protecting it from unauthorized use.
Our expert team ensures a seamless registration process, giving your brand a legal identity.
Respond to TM Objection
Facing a trademark objection? Let us draft a robust response to safeguard your brand's rights.
We help you navigate the legal process and clear objections efficiently and professionally.
Patent Search
Conduct a thorough patent search to determine the uniqueness of your invention.
Our comprehensive search helps avoid conflicts and ensures a strong foundation for your patent application.
Regular Patent Application
Get full protection for your invention by filing a detailed regular patent application.
We guide you through the process, ensuring compliance with patent laws and regulations.