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PROVISIONAL APPLICATION FORMS (with filing instructions)
A provisional application for patent is a U.S. national application for patent filed in the PTO under 35 U.S.C. §111(b). It allows filing without a formal patent claim, oath or declaration, or any information or prior art disclosure. It provides the means to establish an early effective filing date in a patent application and allows the term "Patent Pending" to be applied.

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PROVISIONAL APPLICATION FOR PATENT FILING DATE REQUIREMENT

The provisional application for patent must be made in the name(s) of all of the inventor(s). It can be filed up to one year following the date of first sale, offer for sale, public use, or publication of the invention. (Note: These pre-filing disclosures, although protected in the United States, may preclude patenting in foreign countries.)

A filing date will be accorded to a provisional application for patent only when it contains:

• a written description of the invention, complying with all requirements of 35 U.S.C. §112 ¶ 1;
• any drawings necessary to understand the invention, complying with 35 U.S.C. §113; and
• the names of all inventors.

If any of these three items are missing or incomplete, no filing date will be granted. To be complete, a provisional application for patent must also include:

• the filing fee as set forth in 37 CFR 1.16(k) and
• a cover sheet identifying the application as a provisional application for patent.

The cover sheet is required so as to distinguish the provisional application for patent from other applications and documents filed in the PTO. The cover sheet provides all of the information needed to process the provisional application promptly and properly and prepare the filing receipt. A sample cover sheet is available from the PTO. Use of the PTO’s cover sheet is not mandatory, however, as the cover sheet requirements pertain to content, not format.

The cover sheet must identify:

• application as a provisional application for patent;
• inventor name(s);
• inventor residence(s);
• title of the invention;
• name and registration number of attorney or agent and docket number (if applicable);
• correspondence address; and
• any U.S. Government agency that has a property interest in the application.