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Provisional patent vs a timestamp
A provisional patent application and a timestamp do different jobs. A provisional application is a filing with a patent office. In Australia and the US it gives you 12 months to file a full application, and it can set the date the patent office uses for your invention. A TimeBind is not a filing and gives no patent rights. It records a fingerprint of your notes, drawings or prototype files on the Bitcoin blockchain, so you can later check each file existed no later than the recorded time and still matches its fingerprint. A TimeBind doesn’t show who invented something or how a court or patent office will treat it.
You can use both: dated records of your development work, plus advice from a patent attorney on whether and when to file.
Provisional patent vs a timestamp: the key differences
| Provisional patent application | A TimeBind | |
|---|---|---|
| What it is | A filing with a patent office (IP Australia, USPTO) | A dated record of a file’s fingerprint on the Bitcoin blockchain |
| Gives patent rights | No. IP Australia says it “doesn’t offer any patent protection” | No |
| Sets a date the patent office uses | Can establish a priority date, if a full application follows within 12 months | No |
| Deadline | 12 months to file the full application (AU and US) | Keep the exact file and certificate |
| If you do nothing | It lapses and you can’t claim its priority date (AU). It is abandoned after 12 months (US) | Keep the exact file and certificate |
| What is made public | AU: the invention title and applicant name, not the technical details | Only the fingerprint. Your file isn’t uploaded |
| Lets you use “Patent Pending” | Yes, for 12 months (USPTO) | No |
| Shows when your files existed | Records the filing date of what you filed | Existed no later than the recorded time, for each file you choose |
| Shows who invented it | Names the inventors (the USPTO requires all inventors to be named) | No |
| Cost | Official fees apply. See IP Australia’s patent costs page | See plans and pricing below |
One is a step toward a patent. The other is a dated record of files.
What a provisional patent application is
In Australia. IP Australia describes a provisional application this way: “Think of it as a placeholder while you decide whether to continue the patenting process.” It establishes a priority date and gives you 12 months to decide whether to apply for a standard patent. It “doesn’t offer any patent protection to your invention.” If you don’t go ahead within 12 months, the application lapses and you can’t claim its priority date. IP Australia also notes that features you add later, which weren’t in the provisional, get a later priority date (source). Its “What are patents?” page adds: “A provisional application doesn’t give you IP rights” (source).
In the US. The USPTO says a provisional application lasts 12 months from filing, and “The 12-month pendency period cannot be extended.” Provisional applications are not examined. They allow the “Patent Pending” notice for 12 months. To use the provisional’s date, the later non-provisional application must be filed in time, and its claims must have support in what the provisional disclosed. Limited exceptions exist (source).
What a timestamp adds, and what it does not
With TimeBinder®, you can keep dated records of the work around an invention: lab notebook pages, CAD files, prototype photos, test data and signed NDAs. You can do this before and after any filing. Each file is fingerprinted on your device, the fingerprint is recorded on the Bitcoin blockchain, and the file itself is never uploaded. You get a Proof of Time Certificate that can be checked later.
That gives you a development timeline. It can help in a disagreement with a collaborator or manufacturer about who had which file when, or alongside trade secret records you keep private. See timestamping invention records for what inventors usually record.
The limits are plain:
- It doesn’t show who invented something.
- It doesn’t stop anyone else filing first.
- It gives no patent rights and sets no date with any patent office.
- It isn’t a substitute for a patent filing.
Which do you need?
- You plan to patent. Talk to a registered patent attorney about a provisional application. Keep dated records of your development work alongside it.
- You don’t plan to patent, but want a dated record of your work. Use a timestamp. Defensive publication is another route; compare defensive publication vs a timestamp.
- You’re about to show a manufacturer or investor. Get advice before you disclose anything. Read what to do before sending a product design to a manufacturer.
If a patent is the goal, the filing date is what the patent office looks at. A timestamp sits alongside it, not in its place.
A warning about public disclosure
IP Australia advises keeping an invention secret until you’ve applied or chosen another option. If you’ve already gone public, it says you enter a 12-month grace period to file a standard application. It also asks: “Do all countries offer a grace period? No.” (source).
The USPTO notes that a pre-filing public disclosure, although protected in the US, “may preclude patenting in foreign countries” (source).
Get advice before you go public. If it’s already happened, read about an invention shown publicly years ago.
When TimeBinder isn’t the right tool
- You want patent rights or a priority date. Only a patent filing does that. Talk to a registered patent attorney.
- You want “Patent Pending” on your product. That comes from a filing, never from a timestamp.
- You need someone to judge whether your invention is new. A timestamp can’t assess novelty or ownership.
FAQ
Does a timestamp give me patent rights?
No. A TimeBind is a dated record showing a file existed no later than the recorded time and still matches its fingerprint.
Is a provisional patent worth it?
It depends on whether you intend to seek a patent. IP Australia describes a provisional as a way to establish a priority date and get 12 months to decide. A registered patent attorney can advise on your situation.
Can I timestamp my invention instead of filing?
A timestamp is not a substitute for a patent filing. It can give you dated records of your development work, but it doesn’t set a date with any patent office or give you rights.
What happens if I don’t file within 12 months?
In Australia, IP Australia says the provisional lapses and you can’t claim its priority date. In the US, the USPTO says the provisional is abandoned after 12 months, with limited exceptions.
Should I timestamp before or after a provisional?
Both can help. Dated records of earlier development work and later changes give a fuller timeline. Neither replaces filing advice.
Does showing my invention publicly affect a patent?
It can. IP Australia explains a 12-month grace period after public disclosure, and notes that not all countries offer one. Get advice before going public.
General information, not legal advice.
Keep a dated record of your work
Start by timestamping your current notes, drawings and prototype files. The Free plan is $0 and includes 1 Token a month.
See plans and pricing