What is a temporary patent application?


A temporary patent application 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-temporary patent application within one year. There is no such thing as a “temporary patent”.[1] A temporary 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[2]), but does not require formal patent claims, inventors’ oaths or declarations, or any information disclosure statement (IDS).


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