Provisional patent applications
Answer in brief
A provisional application holds a U.S. filing date for 12 months at lower cost; it is never examined and cannot become a patent on its own. To keep the date, file a nonprovisional application claiming its benefit within 12 months.
What to know
- No claims are required, but the disclosure must support what you later claim.
- It is abandoned automatically after 12 months.
- It does not count toward the 20-year patent term.
The rule
Benefit claims are covered in MPEP 211.
Sources for this entry
- USPTO — Types of patent applications USPTO
Utility, design and plant patents; a provisional application is abandoned 12 months after filing and is not examined. - Manual of Patent Examining Procedure (MPEP) USPTO
The examination manual the patent bar is tested on; open book during the exam.
Practical guidance is original editorial content. Company-published figures are the company's own claims and are labeled as such.
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Cite or share this entry
Patent Law Center. “Provisional patent applications.” Wysebridge Reference. Content reviewed 9 November 2026.
https://patentlawcenter.com/provisional-patent-application/