A type of patent application that is submitted to the US Patent and Trademark Office is known as a provisional patent application.The first applicant to file a patent application for a new invention has an earlier effective filing date than applicants who file later, according to US patent laws that went into effect in 2013.You can quickly obtain first-to-file status with the less costly provisional application.
However, a provisional patent application is not evaluated on its merits and does not result in a granted patent. During the provisional application period, the formal examination that results in the grant of a patent is delayed. It gives you first-to-file status and allows you to record your invention date for up to one year. You must submit a non-provisional patent application in order to secure a patent for the invention.
Detailed Provisional Patent
A highly detailed non-provisional patent application can be granted a patent after being examined by a USPTO patent examiner. Your invention can be fully protected and enforced against others with a granted patent. If you file your non-provisional application within a year of your provisional filing, you can also use the benefit of your provisional filing date.
You can begin by submitting a non-provisional application. However, submitting a provisional application gives you time to finish the more in-depth and more costly non-provisional application and transform your invention into a product that is ready for the market.Additionally, the provisional pendency period does not begin the 20-year patent term.As a result, your patent protection effectively extends for an additional year.
A provisional application can be filed with a shorter disclosure than its non-provisional counterpart
An oath or declaration, information disclosure statements of prior art, and formal patent claims are not required.Unless they are absolutely necessary for comprehending your invention, drawings are not required.Curiously, they are frequently required.Include drawings if you are unsure whether they are necessary to comprehend your invention.Remember that a provisional filing must satisfy the requirements for US patentability.It should likewise incorporate an adequate number of subtleties to be a finished layout for the non-temporary recording.You will forfeit the benefit of your provisional filing date for any new subject matter if an examiner determines that your non-provisional filing is too distinct.The differences may lead the examiner to believe that you did not have “possession” of your invention.To avoid rejections for such new matter, the scope of your provisional disclosure must fully support your non-provisional application.That includes drawings and text.
Consider how long it will take to turn your invention into a product and how long it will be viable on the market before deciding which type of application to file.A long development time or long market life, for instance, frequently favor the filing of a provisional application.To a limited extent, that is on the grounds that your long term patent term clock doesn’t begin ticking away during the time that the temporary application is forthcoming.
Among the things that could make your filing decisions more difficult are investor demands, the urgency of obtaining a granted patent, and the level of innovation in your field.Every circumstance is unique.If you want to make the best decision between submitting a provisional or non-provisional patent application, a skilled patent attorney can assist you.