Provisional patent application is a legal document filed in the Patent office in order to establish an earlier filing date. A patent can not be issued on the basis of the provisional patent application. There is no patent which is granted as provisional patent. Within one year, the applicant has to submit a complete specification, including a set of claims for which the inventor sought for the protection.
Provisional Patent Application
A provisional patent application includes a specification which consists of a description of the invention and relevant prior arts, drawing(s) of an invention if any, few working examples which supports the disclose invention. However, a provisional patent does not require submitting a set of claim inventor's oaths or declarations or any information disclosure statement (IDS). The claims or all the required documents can be submitted after one year while filing the complete application.
Furthermore, no examination of the patentability of the provisional application in view of the prior art is performed. In case a complete application is not filed within one year from the date of filing of the provisional application, the patent application will be treated as abandoned There is no publications of a provisional patent applications and the only benefit of filing a provisional patent application is that a provisional patent application can establish an early effective filing date in one or more continuing patent applications later claiming the priority date of an invention disclosed in earlier provisional applications by one or more of the same inventors. There is no establishment of the patent rights granted by a govt. to the inventor in the case of provisional patents.
Other advantages of filing a provisional application are such as ease of preparation of the application, lower cost, and the ability to use the term "patent pending", which can only be legally used when a patent application has been filed, and which may have significant marketing advantages. And within the one year of grace period available to the inventor or applicant, they can decide if it is beneficial for them to file complete specification or abandon the application. Therefore, by filing a provisional patent application reduces the cost of filing a patent application with huge number of pages, claims and translation fees in some countries and also establish the filing date as desired by the applicant which saves from loosing a priority.
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