How to File a Non Provisional Patent Application

If you want to guarantee the earliest possible patent priority date for your invention, then filing a non-provisional application is your best bet.

This type of application necessitates you to fully disclose your invention. Doing so can shield your idea from competitors who may make similar claims.


Non provisional patent application costs can vary significantly based on the invention and how complex it is. Furthermore, research and analysis involved in the process will affect costs as more time is devoted to it.

An inventor should begin by performing a patent search. This is essential as it will eliminate potential obstacles during the patent process. Not only must you confirm that your invention is unique, but also ensure it does not infringe upon existing patents.

To guarantee uniqueness of an invention, it’s wise to enlist the services of a professional searcher and collaborate with a patent attorney. Doing this will save the inventor money in the long run as well as prevent costly rejection at the US Patent Office.

Additionally, a patent search can identify any prior art that might affect the invention, such as patents filed elsewhere and published applications that are related to it. A comprehensive worldwide patent search typically costs between $500-$1500 depending on its complexity and technology area; however, costs may vary considerably based on location.

Once the search is complete, a comprehensive description of the invention and accompanying patent claims should be created. This should include specifications, graphs, and drawings outlining its functions and components; in turn, these claims should enumerate key features of the invention and explain their workings.

Before filing a patent application, it is essential that the description and claims be complete and accurate. These documents will be used by the Patent Office to assess whether an invention has been properly patented. An experienced patent attorney can assist inventors in creating an effective non provisional patent application by providing all necessary information needed for submission.


The time required for a non provisional patent application varies, depending on the invention. Furthermore, costs or fees associated with the process can range considerably; in some instances, preparation and examination fees may exceed several thousand dollars.

Preparation costs can include attorney fees and the time needed to develop your invention. It may also involve market testing and other activities to determine whether your invention will be profitable in the long run.

Therefore, consulting a patent attorney is highly recommended in order to decide the best course of action for your individual situation. Certain attorneys may have more expertise in this area than others.

Drafting a patent application can take an attorney up to two weeks, though the timeline depends on their caseload and information about the invention. Furthermore, its complexity plays a significant role in how long it takes to prepare the patent document.

In addition to preparing and filing the non provisional patent application, a lawyer may need to file several amendments throughout the patent process. These modifications can be costly and time-consuming to process; thus, it’s essential that you factor this into your consideration before selecting an attorney.

When filing a non-provisional patent application, it’s essential to remember that the priority date you receive from your application depends solely on how well written your invention description is. This means someone of ordinary skill in your field must be able to recognize your invention from the description provided in your provisional application.

The USPTO has established a standard for writing descriptions in provisional applications. You must include both a written account of your invention, along with any necessary drawings.

Priority in the first-to-file environment can be assured by providing a thorough written description when filing your application. Taking time to ensure it’s adequate is worth making the effort for.

In most cases, filing a non-provisional patent application within one year of your provisional patent application filing date will be necessary in order to maintain the priority date. Otherwise, the USPTO will invalidate your PPA and any benefits received from it will not apply for patent applications filed later that same year.

Prior art

Prior art refers to any information that existed prior to filing for a patent application. This includes patents and published applications, scientific and technical books and journals, as well as anything else deemed relevant to the invention.

Though there are various definitions of what constitutes prior art, it generally refers to any information made public before a patent application was filed. This could include an existing product without patent protection, technology that has been around for centuries, or even previously filed patent applications.

No matter how you define it, prior art is essential when seeking to protect your invention. Without any precedents, you won’t be able to secure a patent for it.

If you come across prior art, there are steps you can take to minimize its effect on your patent application. First and foremost, ensure any information related to prior art is disclosed in your patent application. Moreover, ensure you describe your invention clearly and completely.

Another way to reduce the impact of prior art is to conduct additional market tests before filing your non provisional patent application. Having more time in this period will enable you to identify any changes needed to make to your invention in order to increase its marketability.

Another way to reduce the effect of prior art is to create a positive record of your discoveries by filing a non provisional patent application and claiming priority to the initial disclosures made in that application. Doing this helps save both money and time by eliminating additional disclosures in your non provisional application.

If you have any queries related to the prior art associated with your non provisional patent application, don’t hesitate to get in touch. We would be more than happy to assist in exploring all available options and offer advice on how to defend your invention should it become the subject of litigation.


Claims associated with a non provisional patent application outline the features of your invention that you wish to protect. These are commonly referred to as “patent claims.” The USPTO will examine your non provisional patent application in order to confirm its validity and identify any new and useful inventions contained therein.

The initial step in preparing a non-provisional patent application is to craft an adequate description of your invention. This should include specifics, diagrams and drawings that demonstrate its operation.

Once the description has been written, an attorney should create patent claims that detail which aspects of your invention are protected by the application. These should be written in sufficient detail and conciseness that they can be understood by a knowledgeable practitioner in the relevant technology field.

A knowledgeable patent attorney will carefully assess the prior art to guarantee your invention is not infringing or obvious. This step in the patent prosecution process helps reduce rejection risks by highlighting flaws in either your invention or related prior art that could be used against you in litigation.

After formulating the claims, a patent attorney will review the patent application to guarantee it meets all necessary criteria for being granted a valid patent. This includes verifying that the claims meet both best mode and enablement requirements.

Due to the complexity of these requirements, it’s not uncommon for draft applications to contain several issues. These could range from omissions and errors to incomplete or inadequate descriptions.

These issues can be costly to rectify. An attorney must carefully analyze the inventor’s invention, prior art, and drafting skills in order to come up with an ideal specification and claims package.

Once these issues have been addressed, an attorney can create a complete and patent-ready non provisional application that meets all necessary criteria for granting a valid patent. They then submit this non provisional patent application to the United States Patent and Trademark Office (USPTO).