{"id":4970,"date":"2016-04-04T10:47:49","date_gmt":"2016-04-04T15:47:49","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/smallbusiness\/intellectual-property\/filing-for-a-patent.html"},"modified":"2024-09-05T13:28:51","modified_gmt":"2024-09-05T18:28:51","slug":"filing-for-a-patent","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/smallbusiness\/intellectual-property\/filing-for-a-patent.html","title":{"rendered":"Filing for a Patent: Provisional and Non-Provisional Applications"},"content":{"rendered":"\n
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Filing for a Patent: Provisional and Non-Provisional Applications<\/h1>\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
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Editorial Note: We earn a commission from affiliate partner links on FindLaw. Commissions do not affect the editorial integrity of our legal content.<\/p>\n\n <\/div>\n \n

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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

If you develop a new product or service, securing a patent is the best way to protect it.<\/p>\r\n

There are three types of patents<\/a>. These include utility patents, design patents, and plant patents. Utility patents include functional inventions, such as a new manufacturing process. Design patents protect the way your product or service looks. Plant patents, as you can imagine, include new plant variations.<\/p>\r\n

To secure any patent, file your application with the United States Patent and Trademark Office (USPTO)<\/a>. The patent application process is complex, so having a professional help with your U.S. patent application is a good idea.<\/p>\r\n

Types of Patents<\/h2>\r\n

You can apply for three types of patents: utility, design, and plant. If you want to protect the function of your invention, you need a utility patent<\/a>. A design patent<\/a> protects the ornamental design (aesthetics) of a product. The least common type of patent is a plant patent. This type of patent protects new plants. Specifically, a plant patent<\/a> covers those plants you can asexually reproduce.<\/p>\r\n

The purpose of applying for a patent is to secure intellectual property protection<\/a>. Once you have patent rights over a new product or service, other entities can’t capitalize on your invention.<\/p>\r\n

Types of U.S. Patent Applications<\/h2>\r\n

When you apply for your patent, you must decide which type to request: Non-provisional and provisional. Most people start with a provisional application. A provisional patent is good for one year. By securing this type of patent, you get a whole year to research your invention further, find investors, and test the final product.<\/p>\r\n

If you don’t file your application for a non-provisional patent application<\/a> within one year, you must start the process all over again. It’s worth exploring the different application types to determine which is best for your invention.<\/p>\r\n

Provisional Patent Applications<\/h3>\r\n

The USPTO created the provisional application<\/a> to provide a cheaper option for initial patent filings<\/a>. The process for a provisional application<\/a> doesn’t require claims, oaths, or declarations. Once the patent examiner approves your provisional patent, you can state that there is a "patent pending" for your invention. It will be effective on the filing date.<\/p>\r\n

Provisional patents are not available for design inventions. You can only secure a provisional patent for a utility or plant patent. When you submit your application, you must describe your invention and, in some cases, provide drawings. Your description must include specific claims about what the product does and why it is unique.<\/p>\r\n

You have options if you’re having a problem developing a description for your invention. For example, you can use a technical journal article as the basis for your description.<\/p>\r\n

When you submit your PPA, you don’t have to provide an abstract\/summary, claim, Patent Application Declaration, or Information Disclosure Statement<\/a>. But, you should include the names of each inventor contributing to the invention.<\/p>\r\n

You must include the $130 filing fee and a cover sheet specifying that you are requesting a provisional patent. You’ll have 12 months from the approval date to convert your provisional patent to a non-provisional one.<\/p>\r\n

The subject matter<\/a> of your non-provisional application will have a retroactive filing date. Once the USPTO approves your non-provisional patent, it will stamp it with the filing date of your provisional patent.<\/p>\r\n

Non-Provisional Patent Application<\/h3>\r\n

The non-provisional application process<\/a> is more expensive and complex than a provisional patent application<\/a>. There are lengthy forms to fill out, and the fee is $800.<\/p>\r\n

You must include the following with your non-provisional patent application:<\/p>\r\n