United States Provisional Application for a Patent

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UIC-A A U.S. provisional application for patent (U.S. provisional) is a U. S. national application for patent filed in the USPTO. Contrary to foreign countries, a US provisional can be filed within one year of publically disclosing an invention. However, if the public disclosure occurs before filing the US Provisional, the applicant cannot apply for foreign patent protection therefore, potentially losing the monopoly of selling that technology in those foreign countries. An U.S. provisional has a pendency lasting 12 months from the date the provisional application is filed. The 12-month pendency period cannot be extended. Therefore, an applicant who files a provisional application must file a corresponding non-provisional application (such as a US Utility and/or PCT international patent application) for patent during the 12-month pendency period of the provisional application in order to benefit from the earlier filing of the provisional application.