KWD: 16409 3.91Provisional Patent Application Since June 8, 1995, The United States Patent And Trademark Office (USPTO) Has Offered Inventors The Option Of Filing A Provisional Patent Application. Provisional Patent Application Was Designed To Provide A Lower-cost First Patent Filing In The United States And To Give U.S. Applicants Parity With Foreign Applicants Under The GATT Uruguay Round Agreements. A Provisional Patent Application Is A U. S. National Application For Patent Filed In The USPTO. Provisional Patent Application Allows Filing Without A Formal Patent Claim, Oath Or Declaration, Or Any Information Disclosure Or Prior Art Statement. It Provides The Means To Establish An Early Effective Filing Date In A Non-provisional Patent Application Filed. It Also Allows The Term "Patent Pending" To Be Applied. A Provisional Patent Application (provisional Application) Has A Pendency Period That Will Last 12 Months From The Date The Provisional Application Is Filed. The 12-month Pendency Period Cannot Be Extended. Therefore, An Applicant Who Files A Provisional Patent Application Must File A Corresponding Non-provisional Application For Patent (non-provisional Application) During The 12-month Pendency Period Of The Provisional Patent Application In Order To Benefit From The Earlier Filing Of The Provisional Patent Application. Once A Provisional Patent Application Is Filed, An Alternative To Filing A Corresponding Non-provisional Application Is To Convert The Provisional Application To A Non-provisional Application By Filing A Grantable Petition Requesting Such A Conversion Within 12 Months Of The Provisional Application Filing Date. However, Converting A Provisional Patent Application To A Non-provisional Application (versus Filing A Non-provisional Application Claiming The Benefit Of The Provisional Application) Will Have A Negative Impact On Patent Term. The Term Of A Patent Issuing From A Non-provisional Application Resulting From The Conversion Of A Provisional Application Will Be Measured From The Original Filing Date Of The Provisional Application. By Filing A Provisional Patent Application First, And Then Filing A Corresponding Non-provisional Application That References The Provisional Patent Application Within The 12-month Provisional Patent Application Pendency Period, A Patent Term Endpoint May Be Extended By As Much As 12 Months. To Be Complete, A Provisional Patent Application Must Also Include The Filing Fee And A Cover Sheet Containing The Following: The Application As A Provisional Patent; The Name(s) Of All Inventors; Inventor Residence(s); Title Of The Invention; Name And Registration Number Of Attorney Or Agent And Docket Number (if Applicable); Correspondence Address; And Any US Government Agency That Has A Property Interest In The Application.
