Nov 4, 2009
What is a "provisional patent application"?
A provisional patent application is an application that is filed with the U.S. Patent and Trademark Office (USPTO) to secure a filing date, but which is not examined. As long as a comparable, complete patent application is filed within one year after the provisional patent application's filing date, the provisional patent application's filing date will serve as the priority filing date for determining patentability (only prior art occurring before that date will be considered). The Patent term, however, will be calculated as 20 years from the filing date of the complete, utility patent application.