Answered By: Farha Hasan
Last Updated: Sep 12, 2019     Views: 1

Patent terminology Provisional vs nonprovisional

What is the difference between a provisional and non-provisional patent application?


A nonprovisional patent application is normally considered the "regular" utility patent application. It’s what you file to get the USPTO to review your utility application and grant your patent.

A provisional patent application, on the other hand, does not get reviewed.  It is a quick and inexpensive way for inventors to establish a US filing date for their invention, which can be claimed in a later-filed nonprovisional application.

An applicant who decides to initially file a provisional application must file a corresponding nonprovisional application during a 12-month dependency period of the provisional application in order to benefit from the earlier provisional application filing.

Strategic Application:

  • Use provisional application to gain competitive advantage in early stage.