Securing patent protection is a crucial step in gaining a competitive edge in the marketplace. But before filing, it’s essential to understand the different types of patent applications available. Each type of patent application serves a specific purpose and the type of patent application filed first is determined by the larger filing strategy.

Three different types of patents can be applied for:

1. Utility patents protect new and useful processes, machines, articles of manufacture, or compositions of matter. They are the most common type of patent. Under the umbrella of utility patents, there are two types of applications that can be filed – a provisional application or a non-provisional application. Click here to learn more about the differences between a provisional application and a non-provisional application.

2. Design patents protect the ornamental designs of useful articles.  Under the umbrella of design patents, a provisional application is not an option.

3. Plant patents protect distinct and new plant varieties. Under the umbrella of plant patents, there are two types of applications that can be filed – a provisional application or a non-provisional application. 

Provisional Patent Application

A Provisional Patent Application is sometimes the starting point for many inventors and businesses. It provides a filing date (which is crucial in a “first to file” system) without some of the formalities of a non-provisional patent application. Essentially, a provisional application provides a 12-month period to further develop your invention or assess its commercial potential before committing to the more detailed and costly process of filing a non-provisional application.

The U.S. Patent and Trademark Office (USPTO) does not examine provisional applications.  After 12 months, a non-provisional application must be filed to claim the priority date from the provisional filing.

A provisional application may be beneficial if an invention is in the early stages of development and a filing date is desired while development and refinement continue, or if additional time is needed to test market demand or raise capital before committing to the full patent process.

Non-Provisional Patent Application 

A Non-Provisional Patent Application is the standard filing used to pursue a granted patent. Unlike the provisional application, the non-provisional application undergoes formal examination by the USPTO to determine whether the invention is patentable. If approved, a patent may be granted, affording the legal right to exclude others from making, using, or selling the invention.

A non-provisional application must include a detailed description of the invention, claims that define the scope of protection, drawings (if necessary), and an abstract. After filing, the USPTO examines the application to assess whether the invention is eligible for protection, novel, and non-obvious.

It may be beneficial to jump straight to a non-provisional application when an invention is fully developed and a granted patent is desired faster to enforce the rights afforded by a granted patent.

Get Help With the Patent Application Process 

The patent process is a complex process. An incorrect submission or an improperly drafted application can potentially result in a lost opportunity to secure protection for your invention. Working with an experienced team of New York City patent lawyers who can guide you through the process of protecting your inventions in the United States and in foreign jurisdictions is the first step toward success.