Provisional Patents FAQs

A provisional application for patent may be filed anytime after your invention is created – once you are able to fully describe how to make and use it. Some people wait to file a provisional application to delay the start of the 12 month PAP clock. For example, you may want to file a provisional application before an event where you’d like to publicly present your invention with “patent pending” status.

Important note: If you’ve already disclosed your invention to the public (such as by sale, offer for sale, use in public or written publication), a provisional application may still be filed to establish a filing date. Under U.S. patent law, a corresponding non-provisional patent application (NPA) must be filed no later than one year after the public disclosure. Please contact the U.S. Patent Office (http://www.uspto.gov) or an attorney if you’re unsure whether or not you fall into this category.