ABA Family Legal Guide

Forming and Operating a Small Business

Intellectual Property

Patents

What is a provisional patent?

According to the U.S. patent office, "Since June 8, 1995, the Patent Office has offered inventors the option of filing a provisional application for patent which was designed to provide a lower-cost first patent filing in the United States and to give U.S. applicants parity with foreign applicants." It only lasts for twelve months, and you must apply for a full patent within that time. However, it does allow you to talk freely with investors, strategic partners, and other potentially interested parties about your patentable concept, without fear of making the concept unpatentable.