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Patent Search Fall 2004
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Provisional Patent Application

Since June 8, 1995, the PTO has offered inventors the option of filing a provisional application for a patent.

The provisional patent is designed to provide a lower-cost first-patent filing in the United States and to give a U.S. patent applicantion parity with foreign applicants. The claims and oath or declaration are not required for a provisional patent application.

The provisional patent application provides the means to establish an early effective filing date in a patent application and permits the term "Patent Pending" to be applied in connection with the invention.

A Provisional patent application may not be filed for ornamental designs.

The provisional patent application has a one-year pendency at which time it must be converted to a utility patent application or go abandoned.

 

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