| WHAT IS A PROVISIONAL
PATENT APPLICATION?
A provisional application can be filed in the U.S. Patent &
Trademark Office without formal claims, oaths or prior art information.
This type of application was designed to provide inventors a low cost
patent filing opportunity and give U.S. applicants parity with foreign
applicants under the GATT Uruguay Round Agreements. The provisional patent
application must be enabling (along with any drawings) and name all of
the inventors. The term of the provisional is for one year from the date
of filing and is excluded from the term of the patent. In order to use
the priority date of the provisional application, a utility application
must be filed within the one-year period specified above. A provisional
application filed prior to public disclosure also preserves the right
to file patent applications outside the U.S. |