When you’ve come up with a new idea, protecting it quickly can make all the difference. At Gearhart Law, we help inventors understand the differences between provisional and non-provisional patents so they can make informed decisions about securing their intellectual property. Here, we’ll break down the key features of each type of patent, how they work together, and what you need to know before moving forward.
What Is a Patent?
A patent gives you the exclusive right to make, use, sell, or import your invention for a certain period of time. To qualify for a patent, your invention must be:
- New
- Useful
- Not obvious to others in the field
The patent application process requires detailed documentation of your invention. There are two main types of patent filings: provisional and non-provisional. Each plays a different role in securing your rights.
What Is a Provisional Patent Application?
A provisional patent application is an informal filing with the United States Patent and Trademark Office (USPTO) that allows you to secure an early filing date. It’s a popular option for inventors who want to:
- Mark their invention as “patent pending”
- Buy time to finalize development
- Raise funds or test the market
This type of application doesn’t require formal claims or an oath. However, it must still include enough technical detail to describe the invention fully. Once filed, you have 12 months to file a non-provisional application and claim the original filing date.
If you don’t convert to a non-provisional application within that time, your provisional application will expire, and you could lose your early priority date. That’s why it’s important to treat a provisional application seriously—cutting corners may hurt you later.
Advantages of Filing a Provisional Application
Provisional applications offer a number of strategic benefits:
- Lower upfront costs compared to non-provisional filings
- Faster preparation time since formal claims and declarations aren’t required
- Patent-pending status, which may improve credibility with investors and customers
- Time to refine your invention or run market tests before committing to a full application
Keep in mind that the quality of your provisional application still matters. A vague or incomplete description won’t protect you later if you need to rely on that filing date. We can help ensure your provisional application is thorough enough to support a strong non-provisional application down the line.
What Is a Non-Provisional Patent Application?
A non-provisional patent application is the full legal document required to receive a U.S. patent. Unlike a provisional filing, it must include:
- A full written specification
- Clear and enforceable claims
- Drawings, if necessary
- An oath or declaration
Once filed, your application enters the examination process. A patent examiner will review your submission to determine if it meets all requirements, including novelty, usefulness, and non-obviousness. This may involve correspondence back and forth before approval.
A granted patent provides strong legal rights—typically up to 20 years from the original filing date—for you to commercialize or license your invention. This process is detailed and technical, which is why it helps to have legal guidance every step of the way.
Transitioning from Provisional to Non-Provisional
To benefit from your provisional application, you must file a non-provisional application within 12 months. This second filing must fully support the invention described in your provisional application. If you’ve made improvements or added features since the original filing, only the parts disclosed in the provisional will receive the early filing date.
This is why we recommend taking the provisional process seriously from the beginning. We’ll help you file a strong provisional application and then work with you to develop a complete and accurate non-provisional filing that preserves your rights and strengthens your case for approval.
International Considerations
Provisional patents are a U.S.-specific option, but they can play a role in your international strategy. If you’re planning to file abroad, a provisional application can secure your priority date under the Patent Cooperation Treaty (PCT)—a common route for pursuing protection in multiple countries.
Timing still matters. Most international applications must be filed within 12 months of your first filing. We can help you coordinate your U.S. and international filings to protect your invention worldwide.
Contact Our Experienced Summit Provisional and Non-Provisional Patents Attorneys
Whether you’re ready to file or just starting to explore your options, we’ll walk you through the pros and cons of provisional and non-provisional patent applications. At Gearhart Law, we’ve helped inventors throughout New Jersey and beyond take the proper steps to protect what they’ve created. We’ll make sure your application is complete, compliant, and positioned for success. Contact us today to learn how we can help secure your ideas—and your future.