Provisional refers to something that is temporary or conditional. For instance, a provisional injunction is a temporary court order, while a provisional government is a temporary governing body established until a permanent one can be formed.
The term “provisional” is an adjective used to describe something that is temporary or conditional. For instance, a provisional injunction was issued by the court to halt the company from selling the product until the safety concerns were resolved. Similarly, the country established a provisional government following the revolution until a permanent government could be established. These examples demonstrate that the injunction and government are both temporary and will only remain in effect until a permanent solution is found. In essence, the term “provisional” signifies something that is not permanent or final.
A provisional patent application is a temporary filing that establishes an early filing date for an invention. It provides a one-year period during which the inventor can further develop the invention and file a non-provisional patent application.
No, a provisional patent application does not result in the grant of a patent. It only establishes a priority date for the invention. To obtain a patent, a non-provisional patent application must be filed within one year of the provisional application.
Filing a provisional patent application allows inventors to secure an early filing date, establish priority, and use the term “patent pending.” It also provides an additional year to further develop the invention and assess its market potential before investing in a non-provisional application.
Yes, you can publicly disclose your invention after filing a provisional patent application. However, it is advisable to mark any public disclosures as “patent pending” to maintain your rights.
No, once a provisional patent application is filed, you cannot add new information to it. However, you can file a new provisional application with the additional information, as long as it is within the one-year period.
Yes, you can claim priority from a provisional patent application filed in a foreign country if it was filed within 12 months of the U.S. filing date. This allows you to establish an earlier priority date for your invention.
Yes, you can file a provisional patent application for software or business methods. However, it is important to ensure that the application meets the patentability requirements, such as novelty, non-obviousness, and usefulness.
Yes, you can license or sell your invention based on a provisional patent application. However, it is important to note that a provisional application does not provide the same level of protection as a granted patent.
Yes, you can convert a provisional patent application into a non-provisional application by filing a corresponding non-provisional application within one year of the provisional filing date. This allows you to maintain the priority date established by the provisional application.
If you fail to file a non-provisional patent application within one year of filing a provisional application, your invention will lose its priority date. This means that any subsequent applications filed by others may be considered prior art, potentially affecting the patentability of your invention.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/provisional/
- Modern Language Association (MLA):Provisional. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/provisional/.
- Chicago Manual of Style (CMS):Provisional. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/provisional/ (accessed: May 09 2024).
- American Psychological Association (APA):Provisional. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/provisional/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts