Patent Information

Choosing the type of patent application is one of the first and most strategic decisions in the U.S. patent process. Your choice depends on factors like readiness to file, budget, commercial timing, and whether you want to claim an early filing date.

Provisional Patent Application (Optional First Step)

A provisional application is a low-cost, informal way to establish an early filing date—often called a “placeholder.” It gives you 12 months to refine your invention, seek funding, or test the market before filing a formal non-provisional patent application.

Pros:

• Fast and cheap: No formal claims or oath required.
• Establishes priority date: Useful in a first-to-file system (like the U.S.).
• "Patent Pending" status: You can label your invention as "patent pending" right after filing.
• Flexibility: Gives you a full year to decide whether to proceed with a full application.

Cons:

• Not examined: You won’t get feedback or rejections.
• Expires in 12 months: You must file a non-provisional within that time or lose the priority date.
• No legal protection on its own: It doesn’t grant any rights until followed up with a non-provisional.

Non-Provisional Patent Application (Formal Application)

A non-provisional application is the real deal. It’s the formal application that gets examined by the USPTO and can result in a granted patent.

 It must include:

• A full specification
• Claims (defining legal scope)
• Drawings, if needed
• An oath/declaration
• Appropriate fees

Once filed, this starts the patent prosecution process (examination, Office actions, etc.).

Pros:

• Path to a patent: The only way to actually obtain a patent.
• Protection starts here: If granted, you’ll receive rights dating back to your filing date (or provisional date, if used).
• Can claim priority from provisional: Keeps that early date if you filed one.

Cons:

• More expensive: Higher USPTO fees + possible attorney costs.
• Formal requirements: Must meet strict formatting and content rules.
• Starts the examination process: You'll start receiving Office Actions (and rejections are common at first).

Comparison Table