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Provisional Patent Rights

Every patent shall contain a short title of the invention and a grant to the patentee, his heirs or assigns, of the right to exclude others from making, using, offering for sale, or selling the invention throughout the United States or importing the invention into the United States, and, if the invention is a process, of the right to exclude others from using, offering for sale or selling throughout the United States, or importing into the United States, products made by that process, referring to the specification for the particulars thereof. Subject to the payment of fees under this title, such grant shall be for a term beginning on the date on which the patent issues and ending 20 years from the date on which the application for the patent was filed in the United States or, if the application contains a specific reference to an earlier filed application or applications under section 120, 121, or 365(c) of this title, from the date on which the earliest such application was filed.

Fast Facts

  • Priority under section 119, 365(a), or 365(b) of this title shall not be taken into account in determining the term of a patent.
  • From a prosecution point of view, it may be beneficial to either 1) file claims having a wide range of scope, or 2) request a re-publication of the application every time the claims are substantially amended.

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