Simple English definitions for legal terms
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A PPA is a type of patent application that an inventor can file before they have a complete patent claim. It allows the inventor to use the filing date of the PPA in a later nonprovisional patent application. The PPA must include a written description of the invention and enough information for someone with ordinary skills to make and use the invention. The most important feature of the PPA is the 12-month pendency period, during which the inventor can claim "patent pending" status. If the nonprovisional application is not filed within 12 months, the earlier filing date is lost. A PPA is not examined and is not made public unless the nonprovisional application is approved and published. Filing a PPA can be less expensive than preparing official filings, but it shortens the patent's protection period.
A provisional patent application (PPA) is a type of patent application that an inventor files before the formal patent claim is ready. It allows the inventor to use the PPA filing date in a later filed nonprovisional patent application. This is important because filing dates are critical to patents, as a person must file their patents before others file a patent for the same innovation.
A PPA is regulated under Title 35 of U.S.C. §111(b). It is not required to have a formal patent claim or an oath or declaration, but it must meet certain minimum requirements. These include a written description of the invention that provides enough detail for someone with ordinary skills in the art to make and use the invention. The PPA must also disclose enough information for a person with ordinary skill in the art to recognize that the later-filed nonprovisional application is described in the PPA.
The most important feature of the PPA is the 12-month pendency period. Once a PPA is filed, the inventor has 12 months to file the nonprovisional application. During this period, the inventor can claim the same “patent pending” language as a nonprovisional patent application, which may make finding investors easier and deter competitors. The 12-month period cannot be extended. If an applicant fails to file the nonprovisional application within 12 months of the PPA’s filing date, they lose the earlier filing date given by the PPA. A nonprovisional application filed after 12 months, but within 14 months of the PPA filing date may file an application to restore the PPA date.
A PPA benefits an inventor by allowing them to get an earlier patenting date, which means the patent can preempt any other patents or public disclosure after the PPA filing date. For example, if an inventor files a PPA for a new type of phone case on January 1, 2022, and another inventor files a nonprovisional patent application for a similar phone case on January 2, 2022, the first inventor's PPA filing date would give them priority over the second inventor's nonprovisional filing date. This is extremely valuable, especially when several competitors are racing to patent.
However, a PPA also effectively shortens the patent’s protection period. A granted patent is usually protected for 20 years from the date the patent is filed. By filing a PPA, the patent is protected from the date the PPA is filed. Furthermore, inventors often need to file with other countries’ patent offices, and they may publish the information based on the PPA filing date, not the nonprovisional filing date.