Loren Donald Pearson

Loren Donald Pearson is a Registered Patent Attorney and a Florida Bar Board Certified Intellectual Property Attorney.  He is a partner at Assouline & Berlowe, PA and leads its intellectual property group.  Read his profile

Provisional Patent Applications

Provisional Patent Applications are unexamined patent applications with looser formal requirements than a non-provisional patent application.  Provisional patent applications provide patent pending status and can provide an effective filing date to a non-provisional patent application filed within one year of the provisional patent application's filing date.

To be effective, a provisional patent application must describe an invention well enough that one with ordinary skill in the art of the invention can practice the invention without undue experimentation.  If an invention is not sufficiently disclosed in the provisional application, the priority date may be lost and the invention could be barred.

Provisional patent applications are usually filed for three reasons.

  1. Lower up-front costs compared to filing a non-provisional patent application.  The attorney fees and government filing fees are less for a provisional patent application than a non-provisional patent application.  Total costs are usually higher when provisional and non-provisional patent applications are both filed.
  2. Quick filing.  When an application must be filed to avoid a bar date, the looser requirements of provisional patent applications can provide quicker filings.
  3. Patent Pending.  An invention covered by a provisional patent application can be marked "patent pending".

 Request an appointment to discuss your invention and provisional patent applications .