Provisional Patents 101

A provisional patent application is a little bit of a misnomer. It truly is not a patent, but it gives you the rights to get a patent. The advantage in why should I get a provisional patent application? First of all, a provisional patent application lasts for only one year. At the end of that one-year time frame, technically it’s put aside. It’s never published, it’s never available to the public, unless it is challenged in a legal procedure. Within that one-year time frame, a provisional patent application must be turned into what they call a utility application.