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A provisional application is a patent application filed at the intellectual property offices of some countries. It does not mature into an issued patent and is deemed abandoned one year after its filing. It is used to secure a filing date for a subsequent non-provisional patent application claiming priority of the provisional application.
In order for a US provisional application to establish a priority date for a future full (i.e. non-provisional) standard patent application, the disclosure in the provisional must be enabling. Claims are not required in a provisional application, although it is advised to have them, since claims may contribute to enabling disclosure.
In the United States, for utility patents filed on or after June 8, 1995, the term of the patent is 20 years from the earliest filing date of the application on which the patent was granted and any prior U.S. or Patent Cooperation Treaty (PCT) applications from which the patent claims priority (excluding provisional applications). For patents ...
Another unique feature of the US patent practice is a provisional patent application, which allows an inventor to establish a priority and gives them a year to improve on their invention before filing a complete (i.e. non-provisional) patent application.
All users could file new applications for accelerated examination, design patents, design patent reissues, international applications for filing in the US receiving office, provisional applications, reexamination requests, utility patents under 35 U.S.C. § 111(a), utility patent reissues, U.S. National Stage applications under 35 U.S.C. § 371 ...
A provisional application for patent provides more benefits and protections to inventors than a disclosure document and can be used for the same purposes as a disclosure document if necessary. ... A non-provisional application must be filed within twelve months of the filing date of a provisional patent in order for the inventor to claim the ...
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