What is the purpose of a provisional patent application?

The purpose of a provisional patent application is to secure a filing date while allowing the inventor 12 months to file a formal patent application, known as a non-provisional application. This type of application does not require formal patent claims or an oath or declaration, making it generally less expensive and quicker to prepare and file.

By filing a provisional application, the inventor can publicly disclose the invention while holding a priority date, which will be beneficial in establishing the invention's novelty and priority over similar inventions that may be filed by others during that 12-month period. The provisional application serves as a placeholder, giving the inventor time to further develop the invention, seek funding, or assess the commercial viability before committing to a full patent application.

This strategic approach is particularly useful for inventors who need time to refine their invention or seek investment, as it protects their rights without requiring the immediate commitment to undergo the full patenting process.