Provisional Application for a Patent

FreshPatents.com is pleased to present this information about "Provisional Application for a Patent". This is the same information as provided by the USPTO for inventors, entrepeneurs and prospective patentholders as of our last update on 01/28/08.
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"Provisional Application for a Patent" patent information

"Since June 8, 1995, the USPTO has offered inventors the option of filing a provisional application for patent which was designed to provide a lower cost first patent filing in the United States and to give U.S. applicants parity with foreign applicants. Claims and oath or declaration are NOT required for a provisional application. Provisional application provides the means to establish an early effective filing date in a patent application and permits the term "Patent Pending" to be applied in connection with the invention. Provisional applications may not be filed for design inventions.

The filing date of a provisional application is the date on which a written description of the invention, and drawings if necessary, are received in the USPTO. To be complete, a provisional application must also include the filing fee, and a cover sheet specifying that the application is a provisional application for patent. The applicant would then have up to 12 months to file a non-provisional application for patent as described above. The claimed subject matter in the later filed non-provisional application is entitled to the benefit of the filing date of the provisional application if it has support in the provisional application. If a provisional application is not filed in English, and a non-provisional application is filed claiming benefit to the provisional application, a translation of the provisional application will be required. See title 37, Code of Federal Regulations, Section 1.78(a)(5).

Provisional applications are NOT examined on their merits. A provisional application will become abandoned by the operation of law 12 months from its filing date. The 12-month pendency for a provisional application is not counted toward the 20-year term of a patent granted on a subsequently filed non-provisional application which claims benefit of the filing date of the provisional application.

A surcharge is required for filing the basic filing fee or the cover sheet on a date later than the filing of the provisional application."

Source: USPTO - This information on "Provisional Application for a Patent" is current as of: 01/28/08

Contents

1. What Is a Patent?
2. What Is a Trademark or Servicemark?
3. What Is a Copyright?
4. Patent Laws
5. What Can Be Patented
6. Conditions For Obtaining A Patent
7. The United States Patent And Trademark Office
8. Attorneys and Agents
9. Disclosure Document Program
10. Who May Apply For A Patent
11. Non-Provisional Application for a Patent
12. Provisional Application for a Patent
13. Publication of Patent Applications
14. § 1.84 Standards for Drawings
15. Issue of Patent
16. Maintenance Fees
17. Correction of Patents
18. Infringement of Patents
19. Design Patents