Non-Provisional Patent Applications vs. Provisional Patent Applications
Written by Marissa Morones - December 11, 2024
A non-provisional patent application and a provisional patent application are both essential steps in the patent process, but they serve distinct purposes and have different legal implications. Below is an explanation of the differences between these two types of patent applications.
Definition and Purpose
- Provisional Patent Application (PPA): A provisional patent application is a preliminary filing with the United States Patent and Trademark Office (USPTO) that allows inventors to establish an early filing date for their invention. It is not examined by the USPTO and does not result in a patent. Instead, it serves as a placeholder, giving the inventor time to further develop the invention, seek funding, or gauge market interest while preserving the filing date.
The primary purpose of a PPA is to allow an inventor to claim “patent pending” status for their invention without the need to meet all the formal requirements of a non-provisional patent application. A provisional application is also generally less expensive and simpler to prepare than a non-provisional application, as it doesn’t require formal patent claims.
- Non-Provisional Patent Application (NPA): A non-provisional patent application is a formal application submitted to the USPTO that begins the examination process for the invention. Unlike a provisional application, a non-provisional application must include a detailed description of the invention, claims that define the invention’s scope, and may require the payment of additional fees. It is the type of application that, if granted, results in a patent.
A non-provisional patent application must meet the requirements of patent law and is fully examined by the USPTO. If successful, the applicant will be awarded a patent, which grants exclusive rights to the invention for a set period.
Duration of Protection
- Provisional Patent Application: A provisional patent application lasts for 12 months from the filing date. During this period, the inventor can refine or improve the invention and then file a non-provisional patent application to convert the provisional filing into a full patent. The provisional application itself cannot be extended, and if a non-provisional application is not filed within 12 months, the provisional filing is abandoned.
- Non-Provisional Patent Application: A non-provisional patent application, once granted, provides protection for up to 20 years from the filing date for utility patents (or 15 years for design patents). Unlike the provisional patent, which expires after 12 months, the non-provisional application, if successful, results in long-term intellectual property protection.
Contents and Requirements
- Provisional Patent Application: A provisional application does not require formal claims or an extensive disclosure of the invention. It must, however, include a detailed written description of the invention (enabling others skilled in the art to make and use the invention) and may include drawings. It does not require the invention to be fully fleshed out, but it must disclose enough detail to support a non-provisional application that can be filed later.
- Non-Provisional Patent Application: A non-provisional patent application must include several specific elements, such as a comprehensive written description of the invention, claims that define the scope of protection, drawings (if necessary), an abstract, and an oath or declaration by the inventor. The claims in a non-provisional application define the legal protection granted by the patent. This application must be thoroughly researched, as the claims will determine the patent’s enforceability.
Examination and Legal Effect
- Provisional Patent Application: A provisional patent application is not examined by the USPTO. It does not grant any legal rights to the inventor other than the ability to use the term “patent pending” in connection with the invention. If the inventor does not file a non-provisional application within the 12-month period, the provisional application will expire without any patent protection.
- Non-Provisional Patent Application: A non-provisional application undergoes examination by a patent examiner at the USPTO. If the examiner determines that the invention meets the patentability criteria (novelty, non-obviousness, and utility), the USPTO may issue a patent. A granted patent provides the inventor with exclusive rights to the invention and the legal ability to exclude others from making, using, or selling the invention without permission.
Cost and Complexity
- Provisional Patent Application: Filing a provisional patent application is generally less expensive and less complex than filing a non-provisional application. There are no formal claims required, and the inventor can prepare the application themselves or with minimal legal assistance.
- Non-Provisional Patent Application: Non-provisional applications are more expensive and complex. They require the preparation of detailed claims, formal drawings, and a comprehensive description of the invention. Many inventors seek the help of patent attorneys or agents for non-provisional filings to ensure that the application complies with the USPTO’s requirements.
Conclusion
The main difference between a provisional and non-provisional patent application lies in their purpose, content, legal effect, and duration. A provisional patent application is an informal and temporary filing used to secure a filing date and allows more time to refine an invention, while a non-provisional patent application is a formal, detailed application that, if granted, results in a patent. Each serves a different role in the patenting process, and inventors may use a provisional application as a stepping stone toward filing a more comprehensive non-provisional application.
Contact Our Orange County Intellectual Property Lawyers Today
At Jafari Law Group, we have years of experience helping clients of all backgrounds and industries successfully apply, prosecute, and defend their patents. If you are interested in preparing and filing a patent application, contact our Orange County trademark lawyers today for a free consultation.