Provisional vs. Non-Provisional Patent Application

One of the first things I discuss with inventors who want to get started on a patent application is the main differences between filing a provisional or non-provisional patent application.  These titles can be confusing, so for simplicity I like to refer to the provisional application as a “temporary” patent application and the non-provisional as a “regular” application.  As a practicing patent lawyer in Dallas, here are a few benefits and drawbacks that I discuss with some of my clients:

 Provisional (“Temporary”) Application:

Pros:

  • Lower initial cost
  • Can have informal drawings
  • Does not need claims
  • Buys you time to find investors/financials backing
  • You get “Patent Pending” status
  • Good option if you’re still working out all the details of your invention

Cons:

  • Still needs to meet all legal requirements of a patent application (i.e. written description, enablement, best mode, etc.)
  • It is not examined by a Patent Examiner
  • Delays prosecution/examination of your patent application
  • Only good for one-year, then you need to file a non-provisional application

 

Non-Provisional (“Regular”) Application:

Pros:

  • The actual application that will be prosecuted/examined that may eventually issue into a Patent
  • You get “Patent Pending” status
  • Can file additional applications (i.e. Continuation’s) for variations of your invention based on the original application
  • Can expedite examination (with extra USPTO fee) to a possible issued Patent within one-year
  • Can look better for investors, means you are serious about your idea

Cons:

  • Higher upfront cost
  • Needs the most details of your invention

 

So there you have it. Every inventor’s situation is different and I try my best to provide them with a strategy in protecting their intellectual property in the most efficient and cost-effective way. You have many choices for patent lawyers in Dallas, give us a call here at the Law Office of Sam Sokhansanj and hopefully we can give provide with a sound strategy for protecting your intellectual property.