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Under United States patent law, a provisional application is a legal document filed in the United States Patent and Trademark Office (USPTO), that establishes an early filing date, but does not mature into an issued patent unless the applicant files a regular non-provisional patent application within one year. There is no such thing as a ...
Provisional patent applications can be filed with a small number of patent offices, particularly with the USPTO. 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.
Under United States patent law, the term of patent, provided that maintenance fees are paid on time, is 20 years from the filing date of the earliest U.S. or international application (that is to say, an application under the PCT system) to which priority is claimed (excluding provisional applications). [1] [2] [3]
The term arose in 1995 to distinguish what were at the time "normal" patent applications from the newly established provisional applications. A complete non-provisional application differs from a provisional in that a non-provisional must contain at least one claim and is to be examined.
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.
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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