Drafting

Provisional Patent Application:

A provisional application allows an inventor to establish an early filing date without the need for a formal patent claim or examination. It provides a way to secure the idea while giving the inventor 12 months to further develop the invention or prepare the complete application.

Filing Date Protection:

The date you file the provisional application can serve as the priority date for your invention, provided you later file a complete patent application.

Simplified Filing Requirements:

No need for formal patent claims, oaths, declarations, or prior art disclosures.

Lower Cost:

Provisional applications are typically less expensive than complete patent applications.

Not Publicly Disclosed:

Filing a provisional application does not lead to a granted patent. It simply holds your place in line while you prepare the more detailed complete application.

No Patent Issuance:

Filing a provisional application does not lead to a granted patent. It simply holds your place in line while you prepare the more detailed complete application.

After filing the provisional application, you must file a complete patent application within 12 months. If not, the provisional application will expire, and you lose the filing date.

Complete (Non-Provisional) Patent Application:

Purpose
Key Features

A complete patent application is a formal request for the issuance of a patent. It must meet all patentability requirements and undergo an examination by the patent office.

Claims:

Unlike a provisional application, a complete application requires detailed claims that define the scope of the legal protection you seek for your invention.

Detailed Description:

It must include a detailed description of the invention, any drawings, and how the invention is novel, non-obvious, and useful.

Examination:

After submission, the patent office will examine the application for compliance with patent laws, including novelty, utility, and non-obviousness.

Fees:

The complete application comes with higher fees, both at filing and throughout the examination process.

Patent Issuance:

If the application is approved, a patent is granted, giving the inventor the exclusive right to their invention for a certain period (usually 20 years from the filing date).

Public Disclosure:

After 18 months from the filing date (or priority date), the complete patent application is published and made available to the public, even before the patent is granted.

Relationship Between Provisional and Complete Patent Applications:

Priority Date:

If a complete patent application is filed within 12 months of the provisional application, the complete application can claim the benefit of the provisional application’s filing date.

Conversion:

The provisional application is not automatically converted to a complete application. You must file a separate non-provisional application within the 12-month period.

In summary, the provisional patent application gives inventors a low-cost way to secure an early filing date and protect their invention while they prepare a complete application. The complete patent application is required for obtaining an actual patent and involves a more rigorous and formal process.