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Provisional or Non-provisional Application

Provisional or Non-provisional Application

Very strict deadlines exist to file Patent Applications. Generally, an invention is not patentable if the claimed subject matter was disclosed prior to filing the application. Most countries are “first to file” jurisdictions and therefore it is advisable to register your patent with the United States Patent and Trademark Office and in all other countries in which use is anticipated.

Prior to filing for a patent, a patent search is recommended to learn about the prior art and whether a similar patent has already been filed by another party. Performing a search prior to filing the application often allows us to file the best possible application. If prior art does exist and it is protected by a patent, practicing the invention may expose you to a claim of patent infringement.

A patent application will also include drawings of the invention whenever a drawing is required to understand how the invention looks or works. Therefore, it would be best for a professional patent agency, such as InventHelp patent services, help you with this.

Provisional or Non-provisional Application

What is a provisional application?

A provisional application is an application that expires after one year. It is not examined and cannot issue as a patent. A provisional application does serve to obtain a filing date for all of the information disclosed therein. That is, a provisional application is a place holder for a future non-provisional application.

What is a non-provisional application?

A non-provisional application is an application that will be examined by the PTO and can ultimately issue as a patent. Material cannot be added to the non-provisional application once it has been filed. You can file an additional application, if this is the situation you find yourself in, contact InventHelp patent agency and discuss your options.

How does a non-provisional application differ from a utility application?

A utility application is a type of patent application. A utility patent application can include either a provisional application or a non-provisional application. Nevertheless, many people, including many patent attorneys, use the terms utility application and non-provisional application interchangeably. The other types of patent application are design applications and plant applications.

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