What is the Difference Between Provisional and Non-Provisional Patent?

The main difference between a provisional and non-provisional patent application lies in the filing process, review, and protection they offer. Here are the key differences:

Provisional Patent Application:

• Quick and inexpensive way to establish a US filing date for an invention.
• Not reviewed by the United States Patent Office (USPTO).
• Does not grant patent-pending status.
• Expires after 1 year unless a non-provisional application is filed.
• Designed for inventors who need to quickly protect an invention before further developing or disclosing it.

Non-Provisional Patent Application:

• Considered the "regular" utility patent application.
• Examined by the USPTO and can be issued as a patent if all requirements are met.
• Grants patent-pending status during its entire period of review, which can span longer than 1 or even up to 2 years.
• Requires a more formal and complex filing process, including long forms and strict rules.
• Protects the invention for 20 years after the patent is examined and approved.

In summary, a provisional patent application is a quick and inexpensive way to establish a filing date for an invention, while a non-provisional patent application is the formal process that leads to the granting of a patent. A provisional application can be thought of as a temporary placeholder, requiring a non-provisional application to be filed within one year to maintain protection.

Comparative Table: Provisional vs Non-Provisional Patent

Here is a table comparing the differences between provisional and non-provisional patent applications:

A provisional patent application is a temporary placeholder that secures a "priority" date for an invention and provides protection for one year. It is not examined, does not get published, and does not grant any patent rights. A non-provisional patent application, on the other hand, is a more complex application that seeks to grant a patent on an invention. It is examined by the patent office and may be published. The filing cost for a provisional application is typically lower than that of a non-provisional application.