I am frequently asked about the benefit of filing a provisional patent application.  I am a fan of provisional patent applications and encourage independent inventors and small businesses to start with a provisional patent application, but it is important to understand what a provisional patent application, what benefits are provided and perhaps most importantly what a provisional patent application will not do. 

A provisional patent application allows for filing without a formal patent claim, oath or declaration, or any information disclosure (prior art) statement. The beauty of the provisional patent application is that it locks in your application date and provides you with “patent pending” status for much less cost than is associated with a non-provisional patent application. You then have 12 months to decide whether it makes sense to move forward with the expense of filing a non-provisional application.

It is essential to know that the benefit a provisional provides is only with respect to that which is described in the application. A carelessly prepared provisional is a complete waste of time and money. Yes, you can legally say you have a patent pending even with a careless or incomplete provisional patent application, but no benefit will be achieved if and when you ultimately file a non-provisional patent application.

It is also important to realize that a provisional patent will never mature into an issued patent, nor does a provisional patent protect your invention from copying by others. Thus, it is incorrect to think of a provisional patent application as creating some type of provisional patent rights.  There is no such thing as a provisional patent.  You can file a provisional patent application as a low cost first step toward achieving a patent, but the Patent Office will never issue a “provisional patent.”  You will always need to file a non-provisional patent application in order to obtain an issued patent. If your provisional discloses your invention completely and clearly the filing date of your subsequent non-provisional patent application will be considered to be the filing date of the original provisional patent application. If you file a sparse, incomplete or unclear provisional application the filing date of a subsequent non-provisional patent application will NOT relate back to your provisional patent filing date. Therefore, it is frequently said that a provisional patent is good so long as it discloses the invention with the same detail and specificity that is required of a non-provisional patent application.

For more information about provisional patent applications, their benefits and limitations see:

http://www.uspto.gov/web/offices/pac/provapp.htm

Rather than pay $100 or less on the Internet to complete a form that allegedly will create a provisional patent application I recommend you give Invent + Patent Lite™ a try.  It is free, and I am the one who created it.  It will create a solid first draft of a provisional patent application.  If you use this you really should have it reviewed by a patent attorney or patent agent to make sure that the disclosure is sufficient to provide support for a subsequent non-provisional application.  You do not have to use my firm to review the application, but if you are interested we will review the draft and provide feedback and suggestions for $300. 

Good luck inventing!