What is a nonprovisional patent application?

A nonprovisional patent application establishes patent pendency for your invention.  Also, it establishes a priority date for your invention.  The nonprovisional patent application will be examined on a first-come, first-served basis.  The USPTO typically takes about 14 months to 2 years to examine the patent application.

What documents make up a nonprovisional patent application?

A nonprovisional application for a patent includes:

1. A transmittal form;
2. A declaration from each of the inventors;
3. An Application Data Sheet;
4. An Assignment if the invention is owned by an entity other than the inventor;
5. A written description of the invention;
6. A claim which defines the metes and bounds of what you are claiming as your invention;
7. A drawing of the invention;
8. A Power of Attorney if you have retained a patent attorney to assist you.

What are the differences between a provisional and nonprovisional patent application?

The primary difference between a provisional and nonprovisional patent application is that the provisional patent application does not enter the queue for examination and is never examined.  A nonprovisional patent application does enter the queue for examination and will be examined in about 14 months to 2 years.

After filing the provisional patent application, a nonprovisional patent application must be filed within 12 months of the filing date of the provisional patent application.  The nonprovisional patent application must claim priority back to the provisional patent application to maintain the patent pendency of the invention.

What is the purpose of the nonprovisional patent application?

The purpose of the nonprovisional patent application is to have the patent office examine your application so that you can get a patent granted sooner than later.

For example, if a potential licensee wants to see a patent before paying you a royalty, you have to file a nonprovisional patent application.  If a competitor is copying your invention, you have to file a nonprovisional patent application.

In contrast, the purpose of a provisional patent application is to delay patent expenses by up to one year.  As discussed above, the provisional patent application never enters the queue for examination until it is filed as a nonprovisional patent application.  So, for that one-year period or until you file the nonprovisional application, you delay the entire examination process.

How much does a nonprovisional patent application cost?

A nonprovisional patent application will cost between $455 to $15,000.  The government fee for filing a nonprovisional patent application will range from $455 to $1,600 depending on the entity size that you select.  Attorney fees will range from a few thousand dollars to tens of thousands of dollars.

Should you file a provisional or nonprovisional patent application?

In general, you should file a provisional patent application first to delay patent legal expenses.  If you change your mind, you can always file the nonprovisional patent application the day after.  However, if you file the nonprovisional patent application first, you cannot later change your mind and convert it to a provisional patent application.