An application for a utility patent can be filed as a provisional patent application or a nonprovisional patent application. A provisional patent application is an informal patent application that has a twelve-month term and that will never issue as a patent. To achieve patent protection, the provisional patent application must be converted into a nonprovisional patent application before the term of the provisional patent application expires. A nonprovisional patent application is a formal patent application that will be substantively examined for patentability and that can mature into a patent. It is permissible to file a nonprovisional patent application without first filing a provisional patent application.
Provisional patent applications can offer several advantages. Being an informal patent application, a provisional patent application typically can be prepared and filed more quickly and less expensively than a nonprovisional patent application. The filing date of the provisional patent application can establish a priority of the provisional patent application over other later-filed patent applications. In addition, the system, method, substance or product disclosed in the provisional patent application can be marked as “patent pending” once a provisional patent application has been filed.
Since it is advisable to file a patent application for an invention before the invention is first marketed or otherwise publicly disclosed, a provisional patent application might be considered if a public disclosure of the invention is imminent. A provisional patent application likewise might be appropriate for an invention that is not sufficiently mature to prepare a nonprovisional patent application. The invention thereby can be further developed during the twelve-month term of the provisional patent application, and a nonprovisional patent application can be filed on the further-developed invention.