Provisional vs. Non-provisional Patent Application, which one is Best?

Since you’re here, I presume you’ve considered filing for a patent if you have an idea you wish to protect. You’ve undoubtedly discovered that the application procedure is lengthy and convoluted, with many tough phrases to comprehend. The phrases “provisional” and “non-provisional patent” are critical to comprehending the patent process… and the reason you’re reading this article right now.

A provisional patent might help you secure your intellectual property by giving your concept precedence. However, determining what a provisional patent is, what provisional applications include, and when to apply might be challenging.

Before you can discover how to maximize the time between preparation and inspection expenses, you must first understand while optimizing the time you have to enhance your idea.

Provisional vs. Non-Provisional Patents: What’s the Difference?

Patents that are not provisional are sometimes referred to as “patents” or “utility patents.” They are the most common technique to safeguard your concept. On the other hand, a provisional patent might serve as a bridge between envisioning your idea and receiving a patent.

The patent office does not review a provisional application, but it does create an early filing date. A priority date is assigned to your concept if you file your patent application early.

Your concept will take precedence if someone else files a patent application after your provisional patent. If you file a provisional application, you don’t have to wait for a full utility patent application to protect your concept.

Provisional Patent

A provisional patent has the term “patent pending” as one of its key features. You get a one-year patent-pending status after filing a provisional application. This can help your proposal gain credibility and appeal to possible investors, partners, and distributors. They’re also less difficult to process.

The non-provisional patent application procedure can be expensive and time-consuming. A provisional patent might assist you in avoiding greater charges in the near term while your patent project is being worked on if you need more time to be confident of your concept (and come up with the funds for the whole procedure).

Pros and Cons of a Provisional Patent

A provisional patent may be the ideal option since it specifies an early filing date. However, weighing all the advantages and disadvantages can help you choose which technique is ideal for your objectives and circumstances.

What are the ‘Pros’ of a Provisional Patent?

Provisional patents are ideal for getting an early patent filing date without paying the entire amount of money required for a non-provisional patent. If cash flow is restricted, provisional patents are less of a financial drain. Because the patent office will not assess your application, you will not be charged for the complete patent examination.

What are the Cons of a Provisional Patent?

Some innovators desire the extra year that a provisional patent provides to develop their concepts fully. On the other hand, some inventors desire to begin the non-provisional patent application procedure right away.

Provisional patent applications stall the review of your patent application, thereby “delaying” the grant of your patent.

Non-Provisional Patent

The patent office does not evaluate provisional patent applications, although it does review non-provisional patent applications. A non-provisional patent application will get you started if you are confident in your concept and ready to start the process of acquiring your patent certificate.

Your application is placed in the processing and examination queue as soon as it is filed. The examination procedure might be time-consuming. There are, however, methods to expedite the procedure.

Some techniques consider the patent filers’ age, the patent’s objective, or other nations where you filed. You may pay to “skip the line” on some tracks, getting you a final deposition within a year of filing.

While a provisional patent gives your concept patent-pending status for the first year of eligibility, a non-provisional patent gives it this status throughout its review, which can be more than one year or even two. Your patent will be protected for 20 years once examined and approved.

What are the Pros and Cons of a Non-Provisional Patent?

Pros of a Non-Provisional Patent

Having your concept examined and (hopefully) having your patent awarded begins when you file a non-provisional patent grant. While a provisional patent allows you more time to develop your concept, a non-provisional application will start the patent award procedure right away.

Cons of a Non-Provisional Patent

The costs of filing, reviewing, and examining a patent are all part of the patent approval process. You are accountable for these expenditures far sooner with non-provisional patent applications; when you understand the fees and are sure of your idea, file a non-provisional patent application.

Can I Extend Time Between Patent Costs?

Protecting your idea with a patent is an investment. You will incur several preparation and examination expenditures as you progress through the patent procedure. You might file a provisional patent application before filing a non-provisional patent application to save money on patent examination.

1. Preparation Costs

The logistics of submitting a provisional patent application are included in the preparation expenses. These expenses might also include marketing and running a business using your ideas. Thousands of dollars are expected to be involved.

2. Patent Examination Costs

After the non-provisional patent application is submitted, the examination fees are required. These are connected to your patent examiner’s efforts in evaluating your patent application. Thousands of dollars can be spent on them.

Filing a provisional patent application may be your best option if you want to stretch out the costs of your provisional or non-provisional patent application journey. A provisional patent application might help you spread out the price of these expenses.

You could be more concerned with getting your patent approved as soon as possible. If this is the case, you should consider how to cover this expense as quickly as feasible.

The Filing Strategies

What you intend to accomplish with your patent and what time range will determine your filing strategy. With nonprovisional patent applications, you can benefit from both provisional and nonprovisional patents.

This implies you must apply for both in the same year. This helps you optimize the time you have between preparation and examination charges while refining your innovation.

The interval between a provisional and a non-provisional patent saves not just money but also preparatory time. You may use this time to promote your concept, evaluate its potential to sell and attract attention, and make necessary modifications.

If you are not sure about the viability of your product after a year, you do not need to file a non-provisional patent application and pay further examination fees. On the other hand, if you’re closing agreements and have more opportunities than you can handle, you can file a non-provisional patent application sooner.

If you’re confident, have the expertise, and are ready to start the patent grant process, filing a non-provisional patent application as soon as feasible can be the best option.

During a patent evaluation, the choice to file for a provisional or non-provisional patent usually becomes evident – it’s the first place to start.

What is the Patent Evaluation Process?

Most attorneys ignore this crucial initial step in patent protection. We start with this initial step to ensure that your time and resources are not wasted on a patent you may or may not require. It’s also a chance to make sure your business objectives align with our findings.

The patent evaluation allows the Brealant Team to gather the necessary information about your concept. We utilize this information to guide our research, which allows us to propose the best course of action for you. Our goal is to spend as much time as possible learning about your concept and your objectives so that we can best assist you through the many forms of intellectual property ownership and protection that can help you reach those objectives.

We understand that your position, motives, and objectives are all unique. Our patent review assists us in comprehending the subtleties of your issue so that we may jointly build an effective strategy.