US patent application

Q: Is a provisional application examined or turned into a patent?

A provisional is not examined. It cannot result in a US patent unless, within 12 months of its filing date, a nonprovisional application claiming its benefit is filed or the provisional is converted by petition. If the benefit is restored under 37 CFR 1.78, the nonprovisional may be filed within 14 months.

Also called patent application, USPTO patent application, nonprovisional application, utility patent application, patent submission

Published by Patsnap Team Updated 27 October 2026 13 sources

Definition

US patent application is a written application to the United States Patent and Trademark Office (USPTO) for a patent, made or authorized by the inventor, except as otherwise provided in title 35³. A nonprovisional application includes a specification, a drawing where necessary for understanding (35 U.S.C. 113)¹², and an oath or declaration³.

The USPTO examines the application, and if it appears that the applicant is entitled to a patent under the law, a patent issues (35 U.S.C. 131)⁷. A US patent gives its owner the right to exclude others from making, using, offering for sale, selling or importing the invention in the US for a limited time¹.

Used byInventors and other applicants such as assignees, often through a registered patent attorney or agent^1,13

AppliesIn the United States only: protection elsewhere needs separate applications¹

Governed by35 U.S.C. 111, 112, 122, 131 to 133 and 151^3,5,6,7

Not to confuse withA granted patent: the application issues only after allowance¹⁰

Types of US patent application

US applications can be directed to three broad types of subject matter: inventions under 35 U.S.C. 101, plants under 35 U.S.C. 161 and designs under 35 U.S.C. 171. The first type is sometimes called a utility application². A provisional application is a separate filing route for any invention except a design⁴.

Type	What it covers	Key point
Nonprovisional utility	A new and useful process, machine, manufacture or composition of matter, or a new and useful improvement of one²	Examined, and published after 18 months unless an exception applies^6,7
Provisional	A specification and drawings; no claim is required (35 U.S.C. 111(b))³	Not examined. Pending for 12 months, which cannot be extended, although benefit can be restored for a nonprovisional filed within 14 months⁴
Design	A new, original and ornamental design for an article of manufacture²	Not published under 35 U.S.C. 122(b)⁶
Plant	A distinct and new variety of plant that the inventor has asexually reproduced, other than a tuber-propagated plant or a plant found in an uncultivated state (35 U.S.C. 161)²	Such varieties may be protected by a plant patent or a utility patent¹

Main parts of a nonprovisional application

Specification: a written description of the invention and of how to make and use it, in terms that enable a person skilled in the art to do so, and the best mode contemplated by the inventor (35 U.S.C. 112(a))⁵.
Claims: the specification concludes with one or more claims particularly pointing out and distinctly claiming the subject matter regarded as the invention. Claims may be independent or dependent (35 U.S.C. 112(b) and (c))⁵.
Drawings: drawings as prescribed by 35 U.S.C. 113 (35 U.S.C. 111(a)(2))³.
Oath or declaration: the inventor's oath or declaration under 35 U.S.C. 115. The oath or declaration and the claims may be submitted after the filing date, within a period the USPTO sets (35 U.S.C. 111(a)(3))³.

The filing date is the date on which a specification, with or without claims, is received by the USPTO (35 U.S.C. 111(a)(4))³.

From filing to issue

FilingThe application receives a filing date when the specification is received³. The USPTO keeps applications in confidence until publication, except as the law provides (35 U.S.C. 122(a))⁶.
PublicationEach application is published promptly after 18 months from the earliest filing date for which a benefit is sought, or earlier at the applicant's request. Applications that are no longer pending, under a secrecy order, provisional, or for a design patent are not published (35 U.S.C. 122(b))⁶.
ExaminationThe application is assigned to a patent examiner, who reviews it to determine whether it meets the legal requirements for a patent^1,7.
Office actions and responsesIf a claim is rejected or an objection made, the USPTO notifies the applicant with its reasons. The applicant may respond, with or without amendment, and the application is reexamined. No amendment may introduce new matter (35 U.S.C. 132(a))⁸. See Office action.
Allowance and issueIf the applicant is entitled to a patent, the USPTO sends a notice of allowance. The fees it specifies must be paid within 3 months, a period the USPTO says cannot be extended, or the application is abandoned (35 U.S.C. 151)^10,1.

An application is regarded as abandoned if the applicant fails to prosecute it within six months after an action, or within a shorter period of at least thirty days set in that action (35 U.S.C. 133)⁹. If any claim is rejected twice, the applicant can appeal to the Patent Trial and Appeal Board¹.

Provisional vs nonprovisional application

	Provisional	Nonprovisional
Claims	Not required (35 U.S.C. 111(b)(2))³	Required; may be submitted after the filing date within a set period^3,5
Oath or declaration	Not required⁴	Required; may be submitted after the filing date³
Examined	No⁴	Yes (35 U.S.C. 131)⁷
Published	No (35 U.S.C. 122(b)(2))⁶	Yes, after 18 months, unless an exception applies⁶
Lifespan	Regarded as abandoned 12 months after filing, with no revival³	Pending until the patent issues or the application is abandoned¹

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When is a US patent application published?

Promptly after 18 months from the earliest filing date for which a benefit is sought. An applicant may ask for earlier publication. Provisional applications, design applications and applications under a secrecy order are not published⁶.

Can I keep a US application from being published?

Yes, by a request made on filing that certifies the invention has not been and will not be the subject of an application in another country, or under a multilateral agreement, that requires publication at 18 months. If the applicant later files abroad, the applicant must notify the USPTO not later than 45 days after the date of filing abroad; failure to give notice in time results in the application being regarded as abandoned⁶.

What happens if I do not respond to an Office action?

The application is regarded as abandoned if it is not prosecuted within six months after the action, or within a shorter period of at least thirty days that the action sets⁹. The USPTO may revive an unintentionally abandoned application on petition (35 U.S.C. 27)¹¹.

Is a provisional application examined or turned into a patent?

A provisional is not examined⁴. It cannot result in a US patent unless, within 12 months of its filing date, a nonprovisional application claiming its benefit is filed or the provisional is converted by petition. If the benefit is restored under 37 CFR 1.78, the nonprovisional may be filed within 14 months⁴.

How it connects

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Done withPatentability search Prior art

Leads toOffice action Patent term adjustment

Often confused withProvisional patent application PCT application

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