Provisional Application - History

History

The provisional application was introduced to U.S. patent law with a 1994 amendment of the Patent Act of 1952. A 12-month benefit of priority to foreign-filed applications had been a part of U.S. patent law since the 1901 U.S. ratification of the Brussels revision of the Paris Convention for the Protection of Industrial Property. The 1994 introduction of the provisional application thus provided a domestic filing equivalent matching the 12-month priority benefit that had been afforded to foreign applications for the better part of the 20th century.

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