If you’re an inventor looking to protect your invention, you may be considering filing a provisional patent application. While a provisional patent application can provide immediate protection and give you time to further develop your invention, it’s important to understand how long a provisional patent lasts and what steps you need to take to maintain your patent rights. In this article, we will explore how long a provisional patent lasts and what you need to do to ensure your invention remains protected.
What is a provisional patent application?
A provisional patent application is a temporary patent application that establishes a priority date for your invention. The priority date is the date that your application is filed with the United States Patent and Trademark Office (USPTO) and is used to determine who has the right to claim the invention. A provisional patent application does not grant any patent rights, but it does provide a one-year window to file a non-provisional patent application.
How long does a provisional patent last?
A provisional patent application lasts for one year from the date that it is filed with the USPTO. During this one-year period, you can use the time to further develop your invention and decide whether or not to file a non-provisional patent application.
If you decide to file a non-provisional patent application within the one-year period, you can claim the priority date of the provisional patent application. This means that the non-provisional patent application will be treated as if it were filed on the same day as the provisional patent application, and any improvements or modifications made to the invention during the one-year period can be included in the non-provisional patent application.
If you do not file a non-provisional patent application within the one-year period, the provisional patent application will expire, and your invention will no longer be protected.
What happens after the provisional patent expires?
Once a provisional patent application expires, your invention is no longer protected. This means that anyone can freely use, manufacture, or sell your invention without your permission.
If you want to continue to protect your invention after the provisional patent expires, you will need to file a non-provisional patent application. A non-provisional patent application is a full patent application that is examined by the USPTO, and if granted, it provides patent rights for your invention.
When filing a non-provisional patent application, it’s important to remember that you can only claim the priority date of the provisional patent application if the non-provisional patent application is filed within the one-year window. If you file a non-provisional patent application after the one-year window has expired, you will not be able to claim the priority date of the provisional patent application.
In some cases, it may be possible to file a new provisional patent application for the same invention. However, the new provisional patent application will have a new priority date, and any improvements or modifications made to the invention since the expiration of the original provisional patent application will not be protected.
Conclusion
A provisional patent application lasts for one year from the date that it is filed with the USPTO. During this one-year period, you can use the time to further develop your invention and decide whether or not to file a non-provisional patent application. If you do not file a non-provisional patent application within the one-year period, the provisional patent application will expire, and your invention will no longer be protected. If you want to continue to protect your invention, you will need to file a non-provisional patent application within the one-year window or file a new provisional patent application. Understanding the timeline for a provisional patent application can help you make informed decisions about protecting your intellectual property.