Provisional Application Vs. Non-Provisional Application

I’m Wayne Carroll with Inspired Idea Solutions Law firm. We help entrepreneurs make a profit without giving their best ideas to the competition. What is the difference between a provisional application and a non provisional application for a patent? The main differences are; one, expiration two examination three claims and four is fees. So the expiration. Provisional applications expire exactly at 12 months without ever becoming a patent. The non-provisional application does not expire automatically and can be granted and become a patent. The second is examination. Provisional applications are not examined by the Patent Office for patentability. This means that a poorly written provisional application and a high quality provisional application will look the same to the patent office because they don’t look at it. Non-provisional applications are examined. If the patent is poorly written there will be multiple problems with the patent. The third thing is the claims. Provisional applications do not require legal claims. Non-provisional applications require at least one legal claim stating precisely what the inventors claim as their new novel and useful invention. And the fourth difference is the fees. Provisional applications have a lower filing fee. The provisional patent application filing fee is not credited towards the non-professional filing fee. The provisional filing fee is an additional cost that allows for extra time before filing the non-professional application. At Inspired Idea Solutions Law firm we help clients to determine if filing a provisional application is the right strategy to protect their inventions.