{"id":11020,"date":"2019-08-25T20:55:50","date_gmt":"2019-08-26T03:55:50","guid":{"rendered":"https:\/\/beta.patentrebel.com\/?p=11020"},"modified":"2020-07-13T12:45:48","modified_gmt":"2020-07-13T19:45:48","slug":"provisional-patent","status":"publish","type":"post","link":"https:\/\/patentrebel.com\/provisional-patent\/","title":{"rendered":"Provisional Patent"},"content":{"rendered":"\n

Provisional Patent (Provisional Patent Application)<\/strong><\/h1>\n\n\n\n

A provisional patent, correctly known as a provisional patent application is a type of patent application filed at the USPTO (United States Patent and Trademark Office). Provisional patent applications are filed by inventors with the patent office to obtain an early filing date for their invention. Obtaining an early priority date for an invention is very important in the United States because it uses a first to file system instead of a first to invent system. <\/p>\n\n\n\n

In a first to file system, the inventor who first files a patent application (provisional or nonprovisional) gets the patent if the invention meets the patenting requirements. Anyone who submits a patent application to patent the same invention won’t be able to patent it because of the first inventor filing his patent application. <\/p>\n\n\n\n

For example, if you invented a new type of engine that provides better fuel economy and someone else invents the same engine 2 years later and file a patent application with the USPTO (United States Patent and Trademark Office) before you do. His invention will get a patent even though you invented the engine first. So, what’s the takeaway? <\/p>\n\n\n\n

If you invent something, file a patent application with the patent office to obtain an early priority date. This will stop others from patenting your invention. Going back to our example, had you filed a patent application first, you would have gotten the patent, but because you didn’t file, the other person gets the patent and you won’t be able to patent your invention. This is so because the patented invention would be considered as prior art, prohibiting you from patenting the same invention. <\/p>\n\n\n\n

Why Get a Provisional Patent?<\/h2>\n\n\n\n

Inventors often choose to file a provisional patent application instead of filing a regular, nonprovisional utility patent application because provisional applications are easier and less expensive to prepare, they also cost less to file. <\/p>\n\n\n\n

While a regular utility patent application requires formal claims and an information disclosure statement (IDS), a provisional application only requires a description of the invention and some basic information, such as the inventor’s name and address.<\/p>\n\n\n\n

While a provisional patent does not require drawings, inventors often choose to include them to describe the invention in more detail. You’ve probably heard the saying that a picture is worth a thousand words, so including drawings of your invention makes your provisional application stronger because it clearly describes the invention that you want to patent.<\/p>\n\n\n\n

Having a strong provisional application could prove to be really important in a situation where a party files a patent application for the same invention you filed for. We well explain why in a moment. <\/p>\n\n\n\n

As you may or may not be aware, provisional patent applications do not turn into patents unless an inventor converts a provisional application into a nonprovisional application or files a nonprovisional patent application that claims the benefit of an earlier-filed provisional application.<\/p>\n\n\n\n

If an inventor has a weak provisional patent application that does not adequately describe his invention, he will not be able to claim the earlier filing date of the provisional patent application. This is so because the patent examiner looks at the description of the provisional patent application and compares it to the description in a later-filed nonprovisional patent application. <\/p>\n\n\n\n

The descriptions have to match for an inventor to be able to claim the priority date of an earlier-filed provisional application. If the descriptions don’t match, an inventor will not be able to claim the early filing date of an earlier-filed provisional application. <\/p>\n\n\n\n

So, if someone else files a patent application for the same invention after you’ve filed your provisional application but before you filed your regular patent application, the other person will get the patent and you won’t because you can’t claim the earlier filing date of the provisional patent application. <\/p>\n\n\n\n

How Much Does it Cost to File a Provisional Patent?<\/strong><\/h2>\n\n\n\n

The USPTO charges applicants the following fees:<\/p>\n\n\n\n