Provisional Patent Application
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A Provisional Patent Application is a patent application that is filed in a patenting office that establishes an early filing date.
- Context:
- It can range from being an Active Provisional Patent Application to being an Expired Provisional Patent Application.
- …
- Counter-Example(s):
- See: Rejected Patent Application, Granted Patent, Legal Instrument, Patent Drawing, Claim (Patent), Inventor, Information Disclosure Statement, Patentability, Prior Art, Continuing Patent Application, Priority Right.
References
2014
- (Wikipedia, 2014) ⇒ http://en.wikipedia.org/wiki/provisional_application Retrieved:2014-7-8.
- Under United States patent law, a provisional application is a legal document filed in the United States Patent and Trademark Office (USPTO), that establishes an early filing date, but does not mature into an issued patent unless the applicant files a regular non-provisional patent application within one year. There is no such thing as a "provisional patent". [1] A provisional application includes a specification, i.e. a description, and drawing(s) of an invention (drawings are required where necessary for the understanding of the subject matter sought to be patented [2] ), but does not require formal patent claims, inventors' oaths or declarations, or any information disclosure statement (IDS). Furthermore, because no examination of the patentability of the application in view of the prior art is performed, the USPTO fee for filing a provisional patent application is significantly lower (US$ 130 as of April 2013 ) than the fee required to file a standard non-provisional patent application. A provisional application can establish an early effective filing date in one or more continuing patent applications later claiming the priority date of an invention disclosed in earlier provisional applications by one or more of the same inventors.
The same term is used in past and current patent laws of other countries with different meanings.
- Under United States patent law, a provisional application is a legal document filed in the United States Patent and Trademark Office (USPTO), that establishes an early filing date, but does not mature into an issued patent unless the applicant files a regular non-provisional patent application within one year. There is no such thing as a "provisional patent". [1] A provisional application includes a specification, i.e. a description, and drawing(s) of an invention (drawings are required where necessary for the understanding of the subject matter sought to be patented [2] ), but does not require formal patent claims, inventors' oaths or declarations, or any information disclosure statement (IDS). Furthermore, because no examination of the patentability of the application in view of the prior art is performed, the USPTO fee for filing a provisional patent application is significantly lower (US$ 130 as of April 2013 ) than the fee required to file a standard non-provisional patent application. A provisional application can establish an early effective filing date in one or more continuing patent applications later claiming the priority date of an invention disclosed in earlier provisional applications by one or more of the same inventors.
- ↑ David Pressman, Patent It Yourself, Nolo Press, 2006, page 56, ISBN 1-4133-0516-4.
- ↑ 35 U.S.C. 113 Drawings
- (Wikipedia, 2014) ⇒ http://en.wikipedia.org/wiki/patent_application#Provisional_application Retrieved:2014-7-8.
- Provisional patent applications can be filed at many patent offices, such as the USPTO in the U.S. A provisional application provides an opportunity to place an application on file to obtain a filing date (thereby securing a priority date), but without the expense and complexity of a standard patent application. The disclosure in a provisional application may, within a limited time (one year in the U.S.), be incorporated into a standard patent application if a patent is to be pursued. Otherwise, the provisional application expires. No enforceable rights can be obtained solely through the filing of a provisional application.