Patent law has its own vocabulary and its own terms of art. The public is tagged with knowledge of these terms, no matter whether they are a patent attorney or not. For instance, all potential inventors need to know that there is not just a single type of “patents.” There are utility patents, design patents and plant patents.
Additionally, there is also no single type of “patent application.” The two main types of patent applications are provisional and non-provisional applications. While we discuss the different types of patents themselves elsewhere, here we discuss the difference between provisional and non-provisional patent applications.
What Is a Provisional Patent Application?
A provisional patent application is lower-cost and “quicker” filing alternative to filing full utility or plant patent application in the United States that is designed to give inventors the earliest possible filing date for their patent application. The provisional application must contain: (1) names and residences of all inventors; (2) full title of the invention (which can only be changed under certain circumstances); (3) name and contact information for attorney, if any; (4) a specification (with a written description and possibly drawings) of the invention; (5) filing fees. Details such as the claims and the oath of the inventors are not required for the filing of a provisional patent application.
Provisional applications are not examined by the USPTO. The provisional application gives the inventors the opportunity to secure the earliest possible filing (or “priority”) date for their patent application. This U.S.-specific device only lasts one year from the date of filing. This means that the inventor has one year from the date of filing of the provisional application to file a completed non-provisional application with the USPTO. Failure to do this will result in the inventor losing the benefit of the priority date of the provisional application.
What Is a Non-Provisional Patent Application?
A non-provisional patent application is one that contains all of the requirements laid down by the USPTO. If the inventor has filed a provisional application and wishes to claim the benefit of that earlier filing date, the inventor must have all parts of the non-provisional application submitted to the USPTO prior to the expiration of the one-year period since the filing of the provisional application.
Crucially, a non-provisional patent application is the only type that can lead to the granting of a patent for an invention. This means that this type of application is put through the rigorous patent examination process at the USPTO, during which time Office Actions and other discourse with the patent examiner regarding the invention are likely to occur.
How Do I Decide Which Type of Application I Need for My Invention?
Provisional applications are not necessary for every invention. The decision to file a provisional patent application can be a business decision that needs careful consideration like any other. As we have already seen, the patent application process itself can involve working closely with your patent attorney.
Determining the type of patent application that you wish to pursue for your particular invention is another way in which your attorney can assist you in this process. As always, it is critical that you begin working with an experienced registered patent attorney as early in the invention process as possible to help you secure and develop your invention into your business’s biggest asset.
Need a Patent Attorney?
Sand, Sebolt & Wernow is an intellectual property law firm. We specialize in patents, trademarks, copyrights, IP (Intellectual Property) litigation licensing, foreign filings, and trade secrets.
Our team of professionals are innovators, just like you, and passionate about protecting your intellectual property. We represent individuals and businesses of all sizes, from Fortune 500 corporations to sole proprietors. It’s our mission to guide you through the process of protecting your assets with the appropriate mix of patents, trademarks, copyrights and trade secrets.
If you’re looking for an experienced IP attorney, contact us.