Provisional Patents FAQs

An applicant who files a provisional application for patent must file a corresponding non-provisional patent application (NPA) within 12 months to benefit from the earlier filing date. The corresponding NPA must specifically refer to the provisional application.

The U.S. Patent Office will then compare the NPA with the earlier-filed provisional application. If the subject matter of the descriptions is determined to be the same in both applications, the Patent Office will grant the NPA the provisional application’s earlier filing date.