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Simple English definitions for legal terms
provisional application
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A quick definition of provisional application:
A provisional application is a request for a patent filed by an inventor with the U.S. Patent and Trademark Office. It is filed up to a year before the patent application itself to establish a date for prior art and constructive reduction to practice. The application must include a full description of the invention, but claims, drawings, and prior-art disclosures are not required. Once filed, it gives the inventor time to further develop their invention and decide whether to file a full patent application.A more thorough explanation:
Definition: A provisional application is a type of patent application filed with the U.S. Patent and Trademark Office by an inventor to establish a priority date for their invention. It is accompanied by a specification, drawings, and a filing fee, but does not require claims or prior-art disclosures.
Examples: An inventor has come up with a new type of solar panel and wants to protect their invention. They file a provisional application with the USPTO, providing a detailed description of the solar panel and its components, along with drawings of the design. This establishes a priority date for the invention, allowing the inventor to continue developing and refining it while protecting their rights to it.
Explanation: A provisional application is a useful tool for inventors who want to establish a priority date for their invention without going through the full patent application process. It allows them to secure their rights to the invention while continuing to work on it and gather more information. The examples illustrate how an inventor might use a provisional application to protect their invention and establish a priority date.