By- Yojit Bhugra
Editors - Rachit Chhabra, Paruli Upadhyaya
A patent applicant 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 at the right moment is a crucial decision an applicant needs to make as it can 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.
Although filing a provisional application may sound like adding another step to an already lengthy process, it has its advantages, such as getting “pending” status for a patent and extending the patent protection period. In this article, we cover the concept of provisional vs. non provisional patent applications, the reasons to opt for a provisional patent application, and the USPTO guidelines for non-provisional applications. Read more