Simple English definitions for legal terms
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A provisional patent application (PPA) is a way for inventors to establish an early filing date for their invention before the formal patent claim is ready. It allows the inventor to file without a formal patent claim or oath, but they must provide a detailed written description of the invention. The PPA has a 12-month pendency period, during which the inventor must file a nonprovisional application to keep the earlier filing date. If they fail to file within 12 months, they lose the earlier filing date. The PPA is not made public unless the nonprovisional application is approved and published. Filing a PPA can give the inventor an earlier patenting date, but it also shortens the patent's protection period.
A provisional patent application (PPA) is a type of patent application that an inventor can file before the formal patent claim is ready. It allows the inventor to establish an early effective filing date in a later filed nonprovisional patent application. This means that the inventor can secure the patent rights to their invention before anyone else does.
For example, let's say that John has invented a new type of phone case. He wants to protect his invention, but he's not ready to file a formal patent claim yet. He can file a PPA to establish an early filing date. This means that if anyone else tries to patent a similar invention after John files his PPA, John's invention will have priority.
A PPA is regulated under Title 35 of U.S.C. §111(b). It does not require a formal patent claim or an oath or declaration. However, the inventor must meet certain requirements, including 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 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. If the inventor 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 can preempt any other patents or public disclosure after the PPA filing date. 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.