29 Jan 2021

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What is a provisional patent application and can one be filed in Canada?

There is no provisional patent application in Canada. The provisional application, under United States patent law, is a legal document filed in the United States Patent and Trademark Office (USPTO) that establishes an early filing date, but does not mature into an issued patent unless the applicant files a regular non-provisional patent application within one year. During this period, it is neither published nor examined. A provisional application includes a specification, i.e. a description, and drawing(s) of an invention (drawings are required where necessary for the understanding of the subject matter sought to be patented). The filing of a provisional application allows the applicant to evaluate the market and the value of the invention before fully investing in the regular application process.