A provisional patent application is an application for patent which is not examined and cannot issue into a patent. However, a regular non-provisional application can claim its filing date, and perhaps gain priority over later filed applications. A provisional application expires within one year and if the non-provisional is not filed, the rights which it creates expire.
The cost of filing a provisional application is lower than the cost for a regular. This is because it does not include a set of claims detailing the proposed coverage of the patent, and carries a lower government filing fee. There are advantages for filing the non-provisional patent application shortly after filing the provisional application, such as expediting examination and allowance of a patent (if approved by the USPTO) and more economy in the procedure overall.
Answered on Nov 30th, 2010 at 7:28 AM