15 Tips: What is the Difference Between a Provisional Application for Patent and a Non-Provisional Patent Application?
As is revealed in discussions on the same over at runrex.com, up until 1995, inventors usually had to protect their inventions by filing a full patent application. However, in 1995, an alternative was introduced in the form of the Provisional Application Patent. This article will attempt to make you understand what these two are all about by listing 15 tips on their differences.
- What is a Provisional Application for Patent?
Also referred to as a Provisional Patent Application, PPA, a Provisional Application for Patent, as covered over at guttulus.com, is a patent that allows an inventor to file without a formal patent claim, oath or declaration, or any information disclosure statement.
- What is a Non-Provisional Patent Application?
On the other hand, as is explained over at runrex.com, a Non-Provisional Patent Application is normally considered to be the regular utility patent application. This is the application you file when you want to get the USPTO to review your utility application with the hope that they will grant your patent.
- One is temporary, one isn’t
One key difference between the two, one that we can deduce from their names is that while a Provisional Patent Application is provisional, that is, it is temporary, a Non-Provisional Patent Application is not provisional, which means that it is not temporary and as such it protects an invention with utility, that is, a useful function as described over at guttulus.com.
- The complexity in the filing process
Another difference between the two is that while Provisional Patent Applications are considered to be easy to file since they can be simple, informal, and quick, Non-Provisional Patent Applications are usually longer, more formal, and contain sections that must meet certain set standards by the USPTO, which makes the process of filing a bit more complex as outlined over at runrex.com.
- Examination
One of the main differences between the two is that while Provisional Patent Applications are not examined by a patent examiner, and as such cannot turn into real, enforceable patents, a Non-Provisional Patent Application will be examined by a patent examiner and as such can issue into enforceable claims for infringement.
- Years of pendency
As is highlighted over at guttulus.com, the duration of a Provisional Application for Patent is one year, after which it expires. Therefore, a Non-Provisional Patent Application should be filed before the one-year deadline expires to claim the benefit of the provisional application filing date. Non-Provisional Patent Application durations on the other hand vary widely and can take anything between 1-4 years.
- When to go for a Provisional Application for Patent after a patent search
According to the experts over at runrex.com, whether you are filing a provisional or nonprovisional patent application, you should make sure you do a patent search. However, another difference between the two is that a provisional application is recommended after doing a patent search when there is a need to secure the priority date, or if the technology is underdeveloped and more prototyping, feedback, and development is required.
- How long it takes to prepare
There is also a difference between the two regarding how long it takes to prepare. As discussed over at guttulus.com, a Provisional Patent Application usually takes about 4-6 weeks to prepare and do correctly while an NPA can take twice as long, anything between 8-12 weeks, if you are starting from scratch because of all the specification drafting and formalized sections.
- Formalization and formalized sections
It is also worth noting that a Non-Provisional Patent Application needs to have several formalized sections as mentioned above and outlined over at runrex.com. They include the Title of Invention, Cross-reference to related applications, statement regarding Federally sponsored research or development, the background of the invention, a summary of the invention, and so forth. In addition to the formalized section, an NPA also has additional formalization in formatting, style, and pagination. None of these formalized sections are required to be labeled as such in a PPA, which also doesn’t require any formalization in its crafting.
- Attorney’s fees
Given that Provisional Application for Patents takes about half as much effort as Non-Provisional Applications, they cost almost half in attorney’s fees, if you choose to use an attorney in filing a PPA, which you should.
- Focus
Another difference between these two is their focus. As is covered in detail over at guttulus.com, while the focus for Provisional Patent Applications is on the written description and drawings, the focus for Non-Provisional Patent Applications is on updating the specification, formalizing the application, and drafting drawings.
- USPTO fees
The fees charged by the USPTO during the filing process is another thing that differentiates these two. Here, while the USPTO fees for Provisional Patent Applications may be about $70-$500, the USPTO fees for Non-Provisional Patent Applications may range from about $400-$2,000 as discussed over at runrex.com.
- PPAs delay examination fees
According to guttulus.com, only a Non-Provisional Patent Application is examined by the USPTO, which means that upon filing the NPA, it will enter the queue for examination. On the other hand, Provisional Patent Applications never enter the queue of examination, and as such delay the examination costs by up to a year.
- PPAs delay the patent grant
As already mentioned earlier, and highlighted over at runrex.com, Provisional Patent Applications cannot turn into a real and enforceable patent. This means that if your goal is to secure the patent as soon as possible, then filing for a PPA will only delay the patent grant. If your goal is to secure a patent quickly, then you should skip the PPA and go straight for an NPA.
- The result
Finally, it is important to highlight that the main difference between these two is in the result. This is because the Provisional Application for Patent can allow for an invention to claim an earlier filing date, but doesn’t itself result in a patent. The Non-Provisional Patent Application on the other hand, after undergoing the examination and being allowed by a patent examiner, may issue as a formal patent.
From the above discussion, it is clear to see that there are some key differences between a Provisional Application for Patent and a Non-Provisional Patent Application, with more on this topic to be found over at runrex.com and guttulus.com.