...assuming that you file the non-provisional within the year?

In other words, does filing a provisional application put your application in the same place of the waiting queue as if you had filed a non-provisional application?

  • I’m going to be pedantic. There is no such thing as a provisional patent. There are only provisional applications which never by themselves get granted as patents.
    – Eric S
    Commented Sep 15, 2022 at 3:40
  • fixed my typo. I am aware of the fact that you listed Commented Sep 15, 2022 at 4:47
  • @EricS - it’s rarely done but there is a process for directly converting a provisional to a non provisional. So a provisional is never issued as a patent but a filing of a provisional, itself, can lead to a patent being issued. If not, filing a provisional would not be considered a filing under the Paris Convention.
    – George White
    Commented Sep 15, 2022 at 15:35

1 Answer 1


Filing a provisional and waiting a year to file a non-provisional will delay things by a year compared to filing a non-provisional.

A provisional that is claimed for priority for a subsequent non-provisional will set the clock for publication at 18 months from the earliest priority date but only filing a non-provisional actually puts something in the queue for examination.

Being extra pedantic, a provisional can be actually converted to a non-provisional which would also put it in the examination queue. This is rarely done.

  • So to clarify, a provisional application is not put in the waiting queue until its non-provisional version is submitted? Which means that the answer to this question is "yes, it does slow down the process"? Commented Sep 15, 2022 at 16:44

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