Mec4040 said:
What is the name of your state?New York
Hello,
First want to say the site is great. Lots of great information an helpful people here.
My question is on what the difference between non provisional application and provisional application?
Is one more money to get? Which is best to have?
Thanks for taking the time to chck this, and looking forward to coming back
Me
Read here:
http://www.uspto.gov/web/offices/pac/doc/general/index.html
But, in general, a provisional patent application is a very simple application which includes only a description of the invention. The ONLY thing a provisional patent does is establish a filing date, or "priority date," which is important to determine who invented something first in the case of two applications for the same invention being filed at about the same time. A provisional patent provides NO protections, you own NOTHING, and the provisional disappears forever one year after filing.
A nonprovisional patent is the full patent application -- full description as above, oaths, formal drawings, and claims. A nonprovisional can eventually become an issued patent.
Generally, people will file a provisional in two cases:
1. To lock in a "priority date" so that they don't get scooped by someone else, and then that gives them a year to flesh out the invention and write up the complete application. If a provisional application is turned into a nonprovisional before the one year expiration, then the nonprovisional can use the provisional's priority date as it's priority date. That's really all provisionals are good for.
2. Most of those "invention submission" companies will file a provisional application for you (because it is very easy) yet charge you what a patent agent or solo patent attorney would charge you for a nonprovisional application. Then, after a year, dump you.
If you have an invention you are considering patenting, read the information on the link above, and then consider contacting a registered patent agent or patent attorney to discuss further.
