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💡intro to intellectual property review

Provisional Application

Written by the Fiveable Content Team • Last updated September 2025
Written by the Fiveable Content Team • Last updated September 2025

Definition

A provisional application is a type of patent application that allows an inventor to establish an early filing date for their invention without the need to submit a full, formal patent application. It provides a way for inventors to quickly and inexpensively secure a priority date for their invention before the final patent application is prepared and filed.

5 Must Know Facts For Your Next Test

  1. Provisional applications are not examined by the patent office and do not result in an issued patent on their own.
  2. Provisional applications provide a 12-month period for the inventor to further develop the invention and prepare a non-provisional patent application.
  3. Filing a provisional application allows the inventor to use the term 'patent pending' and claim priority to the provisional filing date when the non-provisional application is later filed.
  4. Provisional applications are less expensive to prepare and file than non-provisional applications, as they do not require the same level of detail and formality.
  5. Inventors must file a non-provisional application within 12 months of the provisional filing date in order to claim the earlier priority date.

Review Questions

  • Explain the purpose and benefits of filing a provisional patent application.
    • The primary purpose of a provisional patent application is to establish an early priority date for an invention without the need to immediately file a complete, formal patent application. This allows inventors to quickly and cost-effectively secure an early filing date, which can be crucial for establishing rights and fending off potential competitors. The key benefits include the ability to use the 'patent pending' designation, a 12-month period to further develop the invention, and the option to claim the provisional filing date when the non-provisional application is later submitted.
  • Describe the differences between a provisional and non-provisional patent application.
    • The main differences between a provisional and non-provisional patent application are the level of detail and formality required, as well as the resulting legal protections. A provisional application is a simpler, less expensive filing that establishes an early priority date but does not undergo examination or result in an issued patent. In contrast, a non-provisional application is the complete, formal patent filing that is examined by the patent office and, if approved, leads to the issuance of a patent. While a provisional application provides a 12-month period to prepare the non-provisional filing, the inventor must submit the non-provisional application within that timeframe to claim the earlier priority date.
  • Evaluate the strategic considerations an inventor should weigh when deciding whether to file a provisional or non-provisional patent application.
    • When deciding between a provisional or non-provisional patent application, inventors must carefully weigh several strategic factors. The primary consideration is the stage of development of the invention - a provisional application may be appropriate if the inventor needs more time to refine the design and prepare a comprehensive non-provisional filing. Additionally, the inventor should evaluate the potential commercial value of the invention and whether quickly securing an early priority date is crucial to staking a claim and deterring competitors. The lower cost of a provisional application may also be a factor, especially for individual inventors or small businesses with limited resources. Ultimately, the choice depends on balancing the need for speed, cost, and completeness of the patent filing to best protect the invention.