Provisional vs. Nonprovisional Patent Application
A valuable invention is rare—when you invent something useful, it is important to protect your creation. Timing is everything when it comes to protecting your intellectual property. One way to protect your intellectual property even if it is not necessarily complete, is by filing a provisional patent application, which could be the first and best move instead of immediately filing a nonprovisional patent application. A provisional application gives you the flexibility to swiftly protect an invention. So, what is the difference between a provisional and nonprovisional patent application?
Provisional Patent Application
A provisional patent application is a way of securing your place in line at the United States Patent and Trademark Office. Once you file a provisional, you’re able to ensure nobody can steal your ideas by filing before you do. Provisional applications are not reviewed by the USPTO but are a way to secure your priority filing date. From the date of filing a provisional, you have one year to convert it into a full nonprovisional patent application, which is then reviewed by the USPTO for issuing of a full patent.
Provisional applications do not follow strict formats and only require very basic information and figures. To file a provisional application, the following items are required: names of all inventors, a complete description of the invention, and drawings and illustrations of the invention. For a provisional patent application to be effective in securing a filing date, the application must be properly written and ability for the invention to be utilized. Once the nonprovisional application is filed, the examiner will compare the provisional and nonprovisional applications to ensure they are the same invention. Hence, it is important to work with a trusted patent attorney to guide throughout the process for a successful outcome.
Nonprovisional Patent Applications
A nonprovisional patent application is what is filed and reviewed by the USPTO, eventually granting a patent. Once your patent is granted, nobody can use your invention without infringement, unless with written consent from you. Nonprovisional applications follow a very specific format and must include at least one claim. Once submitted, these can take anywhere from 16 months to two years before being reviewed by an examiner at the USPTO.
Nonprovisional applications must contain the following information: a specification including descriptions and claims, drawings, and illustrations. These components must be written clearly and enable the reader to use the invention. Mistakes in any of these requirements could lead to rejection of the patent application. At Omni Legal Group, we have the expertise in drafting and filing nonprovisional patent applications with a proven track record of issuance of full patents.
Which Type of Application Should You File?
File both. If you haven’t finalized all the details of your invention yet, but want to protect your ideas, then it is in your best interest to file a provisional patent application first. This gives you one year to test, optimize, and finalize your invention. At that point, you can file a nonprovisional application and begin the process of being issued a patent, with your initial filing date being protected. Provisional and nonprovisional patent applications are both very useful tools that, when used together, are a great way to get the most value from your invention and your patent.
Have Questions About Securing a Patent or Protecting Your Current Patent? Take Action by Contacting a Patent Attorney in Los Angeles Today
If you need help filing a provisional or nonprovisional patent application, it is in your best interest to retain the services of a reputable patent in attorney Los Angeles such as the Omni Legal Group. Omni Legal Group is a premier Patent, Trademark, and Copyright law firm located in Los Angeles. For further information or to schedule a consultation please contact Omni Legal Group at 855.433.2226 or visit www.OmniLegalGroup.com to learn more