I have applied for a provisional patent on USPTO website. The USPTO people told me that it will take between 4-6 weeks untill they process my application, and in a meanwhile I cannot disclosure my invention in public. Does it make sense? Why should I wait 4-6 weeks? Isn't it supposed to be immediate on the day of the filing? So if I go public now, will it hurt my patent rights?

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    There is no such thing as a provisional patent, only provisional applications. – Eric Shain Jan 22 at 15:30
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    Sorry, but no, that doesn't make sense. You're mixing a lot of stuff there that doesn't belong mixed. To be honest, you shouldn't disclose your application and instead get a patent attorney/agent. There are a lot of mistakes one can make while writing a provisional patent application. Many of them lead to a greatly reduced projection up to no protection. – DonQuiKong Jan 22 at 18:32

Assuming you filed correctly, you will end up with a filing date based on when you filed. If you filed electronically, it will be that date. If you filed by mail it will be the date it is received unless you used USPS Express Mail in a specific manner. In that case you will get the date of mailing. It does take time to get a filing receipt in the mail. That receipt does not provide any indication that you did anything more than follow the basic formal filing requirements. When you disclose is up to you, not to the USPTO but what and when you disclose can affect your rights. Even after you are sure your application is acknowledged as filed by the USPTO, only the material contained in the application will be safe to disclose.

  • I talked to USPTO. They said that they processed the application and that I can disclose my invention in public. – The Guy Jan 23 at 17:08
  • @TheGuy Be advised that a provisional application only gives you a priority date. It will not, by itself, result in a patent. You still need to file a non-provisional application and get it granted as a patent. This is a slow and complicated process and has no guarantees of success. You would be well advised to consult with a qualified patent attorney or agent. – Eric Shain Jan 23 at 19:38
  • Yeah, I know. I have to apply for a non-provisional in 12 month. But the provisional application gives me the ability to disclose my invention in public, which is what I need right now. – The Guy Jan 24 at 20:13
  • @TheGuy This is only true if the provisional application sufficiently enables the non-provisional which results in an issued patent of sufficient strength. This is by no means for sure. Especially for applications written without the help of patent attorneys. – Eric Shain Jan 25 at 20:36

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