Monday, September 5 2022   \  Published by Sagacious IP.

Provisional vs. Non-Provisional Patent Application: Which One to Pick?

Provisional vs. Non-Provisional Patent Application: Which One to Pick?

A patent application has the option to file a provisional or a non-provisional patent application with the United States Patent and Trademark Office (USPTO). Choosing the right one as the right moment is a crucial decision an applicant needs to make as it can be either help kickstart the application process or land in rejection. 

If it is an early stage in the invention process, self-drafting a provisional patent application may be an option. This can help the applicant establish a filing date for their invention. However, a poorly drafted provisional application may defeat the intended purpose of claiming the filing date of the invention. In any case, an applicant who files a  provisional application is also required to submit a non-provisional patent application with the applicable fee at a later stage. The USPTO offers a window of 12 months to complete this procedure. Read more

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