A patent is one form of intellectual property protection. In exchange for public disclosure of an invention, a patent provides an owner with the legal right to exclude others from making, using, selling, or offering to sell an invention for a limited period of years. There are three categories of patents: utility, design, and plant patents. The most well-known type of patent is the utility patent, which protects inventions that are useful, novel, and nonobvious.

There are two types of utility patent applications: provisional and non-provisional. These two patent applications have very different characteristics. A non-provisional patent application is usually referred to as the “regular” patent application. It is the application that you file with the United States Patent and Trademark Office (USPTO) for examination. It issues as a utility patent when it passes examination. The non-provisional application must be written in strict compliance with the law, following a specific format that must include at least one claim.

Provisional Patent ApplicationOn the other hand, provisional patent applications are not examined. There are no strict, format rules that you must comply with. This provisional application process is a cost-effective and flexible method that provides you with the benefit of an earlier filing date. Patent applicants often choose to file a provisional patent application for that benefit, and because the process is easy, fast, and cheap. Provisional applications are a great option for inventions that may need future revisions, amendments, and development. The applicant has a one-year period before it must file a non-provisional application.

On the other hand, provisional patent applications are not examined. There are no strict, format rules that you must comply with. This provisional application process is a cost-effective and flexible method that provides you with the benefit of an earlier filing date. Patent applicants often choose to file a provisional patent application for that benefit, and because the process is easy, fast, and cheap. Provisional applications are a great option for inventions that may need future revisions, amendments, and development. The applicant has a one-year period before it must file a non-provisional application.

If a non-provisional patent application is timely filed, that application will be able to take advantage of the provisional application’s earlier priority date. However, if there will be any new subject matter to be included in the non-provisional application, these revisions will not get the benefit of the earlier priority date of provisional application.

Some people try to draft and file a provisional application on their own without knowing the risks and possible disadvantages. When filing a patent application, you should bear in mind that the description of the invention must be precisely written to support the claims and clearly illustrated. This is one of the most important factors to be considered in filing a patent application. The details will be checked thoroughly by the USPTO.

For inquiries and assistance in filing your provisional and non-provisional patent application, you may consult with our trusted registered patent attorneys at War IP Law, PLLC Firm. Call us at for an initial consultation.