Provisional Patent Or Non-provisional Patent: Which Choice is Right for You

Frequently, inventors have this problem in their mind which one is better- provisional patent or non-provisional patent. Inventors normally had to protect their inventions by filing a full patent application before the period of 1995. But after that, however, inventors were given an option to obtain a filing date for their invention i.e. the provisional patent application.
Although a PPA costs more limited to register than a standard or non-provisional patent application, it doesn’t give all the security an inventor may think it does. That’s right for your invention.

What is a Provisional Patent?

Inventors can file a PPA application. A provisional patent application is applicable only for 1 year and allows the investor to do more research or complete the invention before filing a non-provisional patent application. A PPA also saves costs than other applications.

For your invention, you can spend that year testing to figure out what are the problems or which ones work best for invention. Filing a provisional patent has very few formalities. From the day you file your application, you will have a year to convert it. Conversion means filing a non-provisional patent application (NPP) that includes a reference to your PPA. So this way, a good provisional patent definition is a placeholder. It holds a position in line for your future non-provisional application.

Be careful. If you find a design related to an invention that was not included in your provisional application and add it to the non-provisional application then you can lose the advantages of the provisional application. The provisional only holds the line for the invention as you explained it in your provisional application. Anything new that goes into your non-provisional application will lead to going to the back of the line.

The result will be a hybrid patent. Some parts will be invented on the day of the provisional patent filing and others on the day of the NPP filing. The provisional application needs to anticipate as many distinctive ways of practicing your invention to give you the flexibility to write a good non-provisional patent.

Read More: How Provisional patent work

What is a Non-Provisional Patent?

A provisional patent application is informal, simple, and quick to file; on the other hand, a non-provisional patent is long, complicated, and difficult to file. The non-provisional application form is very lengthy. It includes many parts and the parts have various rules. A good non-provisional patent definition is formal, lengthy, has various parts, lots of strict rules and you will get in trouble if you do not obey just one.

All the non-provisional applications are worth the hassle. Unlike a provisional patent application, a non-provisional patent can issue into enforceable claims. Your invention with the particular pattern of slits and holes is only protected once your non-provisional patent is issued by USPTO. Then, if anyone makes an invention with the same pattern, they are infringing your patent.

Read more: Different types of patent application

Factors to Consider

There are four factors to consider when deciding between filing both applications :

1) Money

The NPPA costs more than PPA. If you are not financially prepared to file the NPPA at this time then you can file a PPA. Then use those 12 months provided to you to raise funds to file the non-provisional application. 

2) Time

The NNPA takes much more time to prepare and file than the PPA. For example, you have a trade show to go to next week where you want to showcase your invention.in that case, you don’t have time to properly prepare and file a non-provisional patent application. You can decide to file a provisional patent application first to secure your filing date with the USPTO before you go to the trade exhibition. When the non-provisional application is prepared, it can include the date of the provisional patent application, so long as it is filed before the provisional patent application expires. 

3) Changes to Invention

Once a patent application is filed, it cannot be changed to include new changes. It must be included in a new patent application to include those new changes. If you file a non-provisional application and make changes to your invention then the changes will need to be filed in another non-provisional application to cover those new improved versions. This needs you to arrange 2 expensive non-provisional patent applications. On the other hand, if you file a provisional patent application then make changes to your invention then you can include those changes when you file the non-provisional patent application. As the PPA is cost less than the non-provisional application, there are some cost savings by filing provisional than the non-provisional, if you need to make changes to your invention.

4) Level of Confidence in Invention

Many inventors have 12 months to test the market. In those 12 months, you can raise funds, sell the product or service, solicit investors and partners, etc.  If things go well then this would give you the confidence to file the more expensive non-provisional patent application. However, if in the 12 months the invention did not do well, you can always decide to leave the invention and all you lost was the fees to file the provisional application. Some inventors have a lot of confidence and they apply for the non-provisional patent. For example, big companies like Apple and Sony may decide not to file a provisional patent application because they are confident they want to pursue the full non-provisional patent to try and earn twenty years of patent rights no matter what happens, they may launch the product. In this situation, they do not need for 12 months provided by a provisional application to see how things go.so,  If you are certain you want to try and obtain 20 years of patent protection and have the finance to do so then you can skip the provisional patent and go directly to the utility patent application.

 Differences

There are many differences between them are :

• NPPA is generally more formal, lengthy and contains specific sections that should meet the standards of the patent office. They are also difficult to write and file.
• It is examined by a patent examiner and can issue enforceable claims for infringement.
• It provides 20 years of protection from the date of the initial application.
• It typically takes the USPTO between 1 and 3 years to rule on a non-provisional patent application, during which time the term “patent pending” can be used about the invention.
• PPA is easy to file, simple, informal, and quick. However, failing to explain all of the operating elements, leaving out an element of your invention, or using drawings that don’t match the written description could be fatal to your patent application.
• They are not examined by a patent examiner and cannot turn into a real, enforceable patent. Patents are granted from filing a non-provisional application only.
• The duration is one year. The filing of a provisional application allows for the use of the designation “patent pending” during that one year.
• There is a 12-month window to file a non-provisional patent application to take advantage of the priority date of the provisional application. However, the inventor will lose the priority date for any other new information filed in the non-provisional application.
• If the provisional application is written too narrowly, a corresponding non-provisional application will not be strong and effectively enforceable. On the other hand, if the provisional application is not focused enough then the corresponding non-provisional application may not be given the benefit of the filing date of the provisional application.

 Which Choice Is Right For You?

Although PPA is best for some inventors and can provide some initial benefits. But, both have their benefits and limitations. So choose PPA or Non-provisional Patent by considering those factors. This will help you to choose the right application for your invention. However, you can take professional help to solve these problems. They may even help you to tell your mistakes in the patent application form.