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Patent Information » Provisional Patents

What are the Requirements of a Provisional Patent Application?

Provisional applications do not require any claims.  Since they are missing a vital element of an application, provisionals are never examined or never even sent to an examiner. Instead, they expire after 12 months, no exceptions. 


Provisional Application Contents

The specification (and any necessary drawings) are the major component of a provisional application. The PTO also expects a cover sheet identifying the application as provisional.  Without the indication that the application is provisional, it will be treated as a nonprovisional application and will therefore be sent back to the applicant because it will be missing many requirements of a nonprovisional application. 

In addition to identifying the application as a provisional application, the cover sheet must also contain the name and residence of each inventor, the address any correspondence should be sent to, the title of the invention, the registration number of any patent practitioners who may have helped write it, and a few other odds and ends.

The requirements for a provisional application include a specification describing the invention, any necessary drawings, a cover sheet and a fee. Once these items are filed, the applicant may secure a filing date for a provisional application. 

 

 
 

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