Provisional and non-provisional applications, administered by the United States Patent and Trademark Office (USPTO), are two options for people who want to protect their inventions. The provisional application has a lower price, making it the most economically attractive option for a first patent application in the US, while providing parity between US and foreign applicants under the Agreements of the Uruguay Round of the GATT.
What does a provisional application do?
Filed with the USPTO under 35 USC §111 (b), the provisional patent form is a US national application that allows applicants to file the application without “a formal patent claim, oath or declaration, or any declaration disclosure of information (state of the art) “. The expedited nature of this type of patent form allows applicants to establish an earlier effective filing date, which can be very helpful if they wish to establish primacy later or to file a non-provisional patent application pursuant to 35 USC § 111 (a) later. dated. It is the provisional patent form that allows applicants to use the phrase “patent pending” in conjunction with their invention (Source: “Provisional Patent Application”, United States Patent and Trademark Office, http://www.uspto.gov/patents/resources/types/provapp.jsp).
The processing of this application is valid for 12 months from the date the application was submitted. This procedure cannot be extended, it is important to note. For this reason, an applicant submitting this type of form must submit the corresponding non-provisional application during the 12-month processing period if they do not wish to renounce the claim as of the previous submission date of their provisional form. This application must, understandably, make specific reference to the provisional application.
An alternative to filing a corresponding non-provisional form is to convert the provisional application to a non-provisional one by filing a “granted request”. This must be done within the same 12-month period from the date of the first filing. The disadvantage of this method is that the term of the patent that is issued from such conversion will start from the date of filing of the original provisional form.
What does a non-provisional application do?
A patent is a kind of “fence” for an invention. It sets the limits for ownership and profits derived from anything contained within the perimeters, just as property rights protect home and business owners from intrusion. For a limited time, the holder of a non-provisional patent is granted rights that exclude others from using, manufacturing, selling, offering to sell, or importing into the US the material defined in the patent.
There are three types of patents: utility, design, and plant (and two types of utility and plant patent applications: provisional and non-provisional). Of the more than 500,000 patent applications received each year, the majority are for utility patents (Source: “Non-Provisional (Utility) Patent Application Guide,” United States Patent and Trademark Office, http://www.uspto.gov/patents/resources/types/utility.jsp).
If you have questions about other types of patent forms, how to find a patent attorney or agent, how to obtain the most up-to-date Fee Schedule, or obtain copies of other USPTO publications, please contact the USPTO.
An important note to be made is that having a patent does not mean that the USPTO will pursue and enforce infringement of that patent. It is up to the patent holder to assert his patent rights and seek appropriate remedies in the event his patent is invaded. Given the complex nature of the non-provisional application, the USPTO recommends that applicants consult with a registered patent attorney or agent, after reviewing their guidance.
Cited works:
“Guide to Filing Non-Provisional (Utility) Patent Applications”, United States Patent and Trademark Office, http://www.uspto.gov/patents/resources/types/utility.jsp
“Provisional Patent Application”, United States Patent and Trademark Office, http://www.uspto.gov/patents/resources/types/provapp.jsp