This article explains that a "provisional patent" does not exist while a "provisional patent application" does exist.

1. Summary

A "provisional patent" does not exist. A "provisional patent application" can be filed with the U.S. Patent and Trademark Office (USPTO). A provisional patent application can be thought of as a one year placeholder for a non-provisional patent application. Only a non-provisional patent application can become a patent.

2. A Provisional Patent Does Not Exist While a Provisional Patent Application Does

There is no such thing as a "provisional patent." A "provisional patent" does not exist.

There is a provisional patent application.

A provisional patent application can be thought of as a one year placeholder for a non-provisional patent application. Only a non-provisional patent application can become a patent. Provisional patent applications are not examined by the USPTO and become abandoned one year after filing. For more details about the difference between provisional patent applications and non-provisional patent applications see Differences between Provisional Patent Applications and Non-provisional Patent Applications.

3. Difference Between Patent Application and Patent

A patent application is a request for rights and the patent is the issued rights. There can be a difference between the rights requested in the patent application and the rights that are granted with an issued patent. For an analogy, think of the patent application as a Christmas wish list and a patent as the Christmas present that appears under the Christmas tree. Just because someone asks for a present doesn't mean they get the present.

4. Patent Requires Claims

In a non-provisional patent application, the required claims define the invention (legal word metes and bound). As a provisional patent application does not require claims, with some provisional patent applications, it may not be possible to determine what the invention is. A patent requires a clear definition of an invention as defined by the claims. A provisional patent application is not required to have this definition.

5. Correct Terminology

Saying you have a "provisional patent" to someone who is familiar with intellectual property (IP) will most likely not be looked upon favorably. Call it a "provisional patent application," and be sure to understand the difference between a patent application and a patent.