Provisional Patent Applications: Everything You Need to Know

 



What is a provisional patent application?

A provisional patent application (PPA) is a legal document that helps you obtain an early priority date for an invention easily. It lasts for 12 months, after which you must file a regular non-provisional patent application or PCT application. The protection is valid for 12 months, after which you must file a regular non-provisional patent application or PCT application. 

It does not guarantee that your patent will be approved but its filing date starts the application process. Especially for startups or non-established inventors, the provisional application is a relatively affordable way to obtain a “patent pending” label. It is also common practice for many companies to use provisional applications to keep their invention secrets from the public eye for a longer period of time.

Which countries have a PPA setup in their patent systems?

PPAs are popular in the US as they are used by many inventors and startups. In the US, provisional applications are not examined or published. They remain pending at the US Patent Office for 12 months, after which the application gets abandoned unless the applicant files for a non-provisional patent application against the provisional application.

Other major countries including China, Japan, India, EPO, Australia, Canada, Africa, New Zealand, etc. also support provisional patent applications but they use different terms to refer to it. Although the timeline for filing provisional and non-provisional applications may vary, their purpose is the same, i.e. to provide an early priority date and filing at a lesser price than a complete patent application.

 

Find out more about provisional patent applications: tips, benefits, and how to identify them.


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