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Provisional vs Non-Provisional Patent Application
In answer to the "provisional versus non-provisional patent" FAQ:
Provisional/Non-provisional
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both are
applications; neither is a patent
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both provide patent-pending
status instantly
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provisionals are confidential USPTO documents not
available to the public (unless and until a subsequent non-provisional is
publicly available)
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non-provisionals are confidential USPTO documents not
available to the public unless and until published and/or issued as a patent
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patents are issued off non-provisionals
(after USPTO examination)
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no patents are issued off
provisionals
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provisionals will not undergo
USPTO examination
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provisionals must be converted
to (refiled as) non-provisionals within a year of their filing dates
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the one-year
conversion-to-non-provisional requirement strictly applied without hardship
exceptions or extensions
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provisionals do not speed things
up and usually slow things down
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USPTO examination delays are not
cause for provisional filing
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non-provisionals are in line for
the required USPTO examination and provisionals are not
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provisionals cannot be converted into (refiled
as) design patent applications
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foreign-country applications
must be filed within a year of the first filing date, regardless of whether
provisional or non-provisional
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both require a description
sufficient to enable someone to practice the invention
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USPTO fees due on filing less
for provisional
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informal drawings accepted for
provisional
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neither has value if the
subject does not meet patentability standards (new and nonobvious
in comparison to what is known)
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provisional is not the customary (much less
required) first step in seeking patent protection
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customary first step in seeking patent
protection is a patent search, and then a non-provisional patent application.
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adding a provisional to the patent application
process increases overall costs
Don't provisional unless there is a serious
need to delay the costs of a non-provisional patent application.
other topics -
provisional service programs,
attorney-filed
on-line provisional
template,
provisional order/template,
about provisionals,
provisional conversion,
patent-application ready
more topics -
corporate patent applications,
entry-level patent
applications,
about
patent applications,
patent ready,
patent it or not,
patent or trade
secret it, FAQS,
public domain vs
patents
questions, inquiries
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contact the firm
(all modes) or call 312.419.8055
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