For early-stage entrepreneurs and inventors, the concept of "Provisional patent application" (or "Provisional patent") often comes up as a quick, simple, and relatively inexpensive solution to registering a patent. But what exactly is a provisional application? When should you use it? What are its advantages, and what is important to understand before relying on it?
What is a provisional patent application?
A Provisional Patent Application is a unique registration format used in the US, which allows you to submit a description of an invention and receive Early registration date – Without filing a full and detailed patent application. This is an informal application that is not examined by a patent examiner, and has no formal claims. However, it grants the inventor Temporary protection of an invention For a period of up to 12 months.
During this period, the filing date of the provisional application can be used as a "priority date" for the purpose of filing a regular (non-provisional) patent application - in the US or as part of international applications.
When should you submit a provisional application?
A provisional application is particularly useful in the following situations:
- When the full technical development of the invention has not yet been completed
- When you want to get ahead of others and secure a premiere date
- When public exposure is needed (to investors, partners or an exhibition)
- When additional time is required to formulate a complete registration strategy
- When the budget is limited and there is no ability to prepare a complete and detailed patent application immediately
It essentially serves as a "sort of placeholder," but it is important to remember that this is only a temporary measure.
Advantages of a provisional application
- ✅ Quick and simple process – Without legal claims and without formal examination
- ✅ Relatively low costs
- ✅ Getting a premiere date – Which gives precedence over competitors
- ✅ flexibility – The invention can be updated and improved before submitting the full application.
- ✅ Option to indicate “Patent Pending” – As part of protection against the public and investors
Disadvantages and risks worth knowing
- ⚠️ The application does not automatically become a patent. – If a complete application is not submitted within 12 months, the protection expires.
- ⚠️ No binding legal claims – If the description is not detailed enough, the application will not provide meaningful protection
- ⚠️ Not known in all countries – This format only exists in the US, and a provisional application cannot be filed with the Israeli Patent Office or in Europe.
- ⚠️ Does not allow a 12-month extension – After a year, it is not possible to submit another application on the same basis.
Provisional vs. regular request: What's the difference?
| Characteristic | Provisional request | Regular application (non-provisional) |
|---|---|---|
| Legal claims | Not required | Required and strictly formulated |
| Examination of the application by an examiner | not | yes |
| International validity | Not directly | Yes, PCT applications can be filed based on it. |
| validity | Up to 12 months only | Up to 20 years from the date of submission |
Common mistakes to avoid
- Submitting a partial or vague description – A provisional application must describe the invention in full and detail. Therefore, a careless filing may not protect the actual innovation.
- Assumption that you can "improve later" without limits – It is not possible to add new details that did not appear in the provisional application to the full application that will be submitted later.
- You forgot the deadline. – If a complete application is not submitted within 12 months, the date is lost and the application cannot be revived.
- Using a provisional application instead of a full application – It is not a substitute for a proper patent application, but only a preliminary step.
A provisional application can be a very useful tool for early-stage inventors, as long as they understand its limitations. When used correctly, it allows for Temporary protection of an invention While continuing development, examining business feasibility, or recruiting investors – without giving up the possibility of full legal protection later.
