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How long does it take to get a provisional patent? While the timeline for getting your application approved will vary, it typically takes around six months from start to finish. Its important that you understand what goes into obtaining this type of patent so you can plan ingly and get your idea protected.
A provisional patent operation most frequently doesnt have the claims and hence can not be rejected on a strict basis.
This can help to delay the bulk of costs when patenting your invention. The provisional application enables you to obtain quickly an official filing date before the public disclosure of the invention. It serves as undisputed proof of the invention date at least as early as the provisional filing date.
Provisional Patent Applications In order to receive a patent based on the subject matter disclosed in a provisional patent application, a non-provisional patent application must be filed within one year of the filing of the provisional application and make a claim of priority to the provisional application.
Filing a provisional patent application online Click Patent Center Click New submission Click Utility Provisional Click Continue Click Select under the No ADS option (good news - an ADS is not required for a provisional patent application) On this page you will fill out basic information about your patent.
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Provisional applications are not examined by the USPTO. Consequently, the filing of a provisional application delays the patent examination process. Provisional applications may not support the broadest claims for an invention.
In addition to the description, the provisional application must include: all drawings necessary to understand the invention; the names of all inventors; the appropriate filing fee (approximately $125 for individual inventors); and. a cover sheet that identifies the invention.
It is important to note that this is not publication of the provisional patent application and the provisional patent application cannot be publicly searched the only access is provided by Public PAIR or a direct request from the public to inspect the provisional at the U.S. Patent Office.