What is an essential element of an application that must be submitted immediately with a Provisional Application?

The essential element of a provisional application that must be submitted immediately is the specification. The specification serves as a written description of the invention and is critical in establishing what the inventor is claiming as new and useful. It must include a detailed explanation of the invention, how it works, and its benefits—essentially providing enough information for a person skilled in the relevant field to understand and practice the invention.

In the context of a provisional application, while claims are not required at the time of filing, the specification acts as the backbone of the application. It establishes the foundation for any future non-provisional patent application that may claim priority to the provisional application. This timely submission is vital as it sets the stage for the patenting process and ensures that the inventor secures an early filing date, which is crucial in regard to patent rights.

Other aspects, such as priority claim documents or legal counsel documentation, are not required at the time of submitting a provisional application, making the specification the definitive necessary element.