Understanding Provisional Patents - Advantages

• A provisionl provides simplified filing with a lower initial cost with one full year to assess the invention’s commercial potential before committing to the higher cost of filing and prosecuting a non-provisional application for patent;

• A provisional patent establishes an official United States patent application filing date for the invention;

• A provisional patent permits one year’s authorization to use "Patent Pending" notice in connection with the invention;

• A provisional patent begins the Paris Convention priority year;

• A provisional patent enables immediate commercial promotion of the invention with greater security against having the invention stolen;

• A provisional patent preserves application in confidence without publication in accordance with patent law (1) ;
• A provisional patent permits the applicant to obtain USPTO certified copies;

• A provisional patent allows for the filing of multiple provisional applications for patent and for consolidating them in a single non-provisional application for patent (2) ;

• A provisional patent provides for submission of additional inventor names by petition if omission occurred without deceptive intent (deletions are also possible by petition).

Patent Laws References

1. Patent Law 35 122(b)
2. Patent Law 35 U.S.C. §111(a)

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