Provisional Patents FAQs

A provisional application for patent is a shorter version of a non-provisional patent application (NPA). Both are used to apply for a utility patent. A provisional application secures a filing date that can be referenced if an NPA for the same invention is filed. Once a provisional application is filed, an inventor has exactly one year (if the invention hasn’t yet been publicly disclosed) to file the NPA. If an inventor does not file an NPA within that timeframe, the provisional application is deemed abandoned. This means the inventor loses the right to that filing date.

Although inventors may still be able to file an NPA later, they lose the earlier filing date of the provisional application. They may even lose ownership rights to the invention if they disclosed the invention to the public more than a year ago. Filing a provisional application saves inventors from a costly upfront investment and allows them time to assess their invention’s commercial value. They can also conduct research and seek funding before committing to the cost and lengthy process of preparing a full patent application.

An NPA establishes an invention’s filing date (unless it claims the benefit of an earlier filed application, such as a provisional application). Filing an NPA starts the official examination process with the U.S. Patent Office to determine if the invention is patentable.