What is the difference between a provisional patent application and a regular (or “utility”) patent application?
In certain circumstances, U.S. provisional patent applications can provide a tool for preserving patent rights while temporarily reducing costs. This occurs because the application is not examined during the year in which it is pending and claims are not required. A regular U.S. application and related foreign applications must be filed within one year of the provisional form in order to receive its early filing date. However, an applicant only receives the benefit of the earlier filing date for material that is described and enabled in the provisional application. As a result, the patent attorney may need your assistance when an application is filed as a provisional.
A. U.S. provisional patent applications provide a tool in the right circumstances for preserving patent rights while keeping costs to a minimum. Provisional applications must name an inventor, but do not require an inventor’s declaration or claims. Governmental filing fees for a provisional application are now $80 for a small entity (such as a university), compared to $375 for a regular (utility) application. In order to claim the priority date of a provisional application, a regular U.S. application (and foreign, e.g. PCT, applications) must be filed within 1 year of the provisional. However, an applicant only receives the benefit of the earlier filing date for material that is described in the provisional application. A provisional application is not examined during the one year in which it is pending, while a regular application typically will receive its first examination within the first year it is pending.
Related Questions
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