Should You File a Provisional Or Non Provisional Patent Application?

Before deciding whether to file for either a provisional patent application or non-provisional patent application, it is essential to comprehend the advantages and potential risks involved with each.

Ultimately, the decision is yours to make; however, one thing is for certain: your idea deserves the highest possible protection. Selecting an effective strategy is critical to ensure its success.


Non provisional patents can be expensive for inventors and entrepreneurs to secure, as various factors such as the invention type and company size can significantly influence the total cost of filing a patent application.

First, you must develop and patent an original idea that doesn’t duplicate existing products or technologies. After that, determine whether a non provisional patent will protect your invention in such a way as to enable development and commercialization.

When filing a non provisional patent, the total costs can vary based on your invention and whether or not an attorney is necessary. On average, non provisional patent applications with simple applications cost around $5,000 while complex ones may incur up to $15,000 in attorney fees.

Fortunately, there are ways to save money on the initial patent application process. For instance, you can do a free patent search using Google Patents or USPTO’s online databases before hiring a lawyer to draft your patent application.

Another option is filing a continuation-in-part (CIP) application instead of a full patent. CIP applications tend to be cheaper than full patents since you get two filing dates: one for your original application and another for any newly added material. By including new details in your application, this second filing date helps prevent prior art from interfering with new claims.

Finally, if there are any problems with your patent, you have the option to appeal the decision and pay amendment fees in order to change it. Filing an appeal typically costs between $2,000 and $5,000.

After one year, you can convert a provisional patent into an non-provisional application and save money. However, you’ll have to pay the filing fees again later on and may lose any international patent rights you had before converting from provisional status.


Non provisional patent applications are a type of United States patent application that offers long-term and comprehensive protection for your invention. Furthermore, they enable you to license your patent rights with trustworthy manufacturers, giving you the chance to make money while safeguarding your idea or invention.

When filing non-provisional patent applications, timelines can vary based on several factors. One of these is whether you need the patent as quickly as possible and how much back and forth must take place between yourself and your attorney during examination.

Non provisional patent grants will grant you patent-pending status during the entire review period, which can extend over one or two years. This provides you with time to develop your product and plan for commercialization while the US Patent Office reviews your application and hopefully grants a patent.

However, the United States Patent Office is often overwhelmed with applications and may take up to a year and a half before beginning review of your patent application. Once that begins, however, your patent application must then undergo an extensive prosecution phase that could last anywhere from 2-5 years before is issued as a patent.

When deciding if non-provisional patent application is the best option for you, it’s essential to take into account the timeline. Your chances of securing a patent depend on how quickly and efficiently the process moves along, so make sure you comprehend both costs and duration involved.

If you’re looking to save money, filing a provisional patent application first could be wise. Doing so will guarantee your priority as you continue developing your idea or invention and help keep the costs of non-provisional patent filing lower than they otherwise might be.

When considering filing a non-provisional patent application, the cost of the filing fee must also be taken into account. This fee covers all associated costs with your application – such as an inventors search and patent examiner’s fee – so be sure to budget appropriately.


Examiners at the United States Patent and Trademark Office (USPTO) review patent applications to determine if an invention can be protected. Each year, they receive more than 600,000 patent applications from around the world.

The examination process is often lengthy and laborious, taking anywhere from one to three years to complete. Unfortunately, the United States Patent Office is so overburdened that they can only examine a limited number of patent applications simultaneously.

If you want to expedite the examination process, filing a prioritized examination request (also known as a track one request) can help. These requests move your patent application up the queue and expedite review by placing it before an experienced patent examiner.

However, this option comes at a cost: it may delay patent issuance for up to one year. Depending on the value of your invention, this could be an appropriate trade-off worth considering for certain inventions.

Although it is best to have an attorney draft your provisional and non-provisional patent applications, you can also do some of the writing yourself. Make sure you clearly explain each operating element of the invention, using drawings that correspond with what has been written.

The patent examiner will use this information to assess your invention and issue a First Official Action on the Merits (FAOM). Typically, this initial Office Action comes with several rejections or objections which you must address in detail.

At this initial stage of examination, your attorney will guide you through the procedure and help decide which claims should be allowed or rejected. They may also offer insight on the strength of your arguments and how best to present them in an Office Action.

It is essential to have an experienced patent attorney by your side during this complex and lengthy procedure. Examining patent applications necessitates knowledge in both patent law and technology; having someone on board can make all the difference.

An experienced attorney can guide you through this process to guarantee the strongest protection for your invention.


Non provisional patents are a type of utility patent that seeks to safeguard an invention. These inventions can range from computer programs and new medical services, and in order to receive protection, inventors must file an application with the United States Patent and Trademark Office (USPTO).

The USPTO reviews patent applications and determines if an invention meets federal law requirements. To be granted a patent, applicants must possess an original idea and demonstrate its uniqueness.

When filing a non-provisional patent application, one of the most critical factors to consider is how well the invention is described in its initial provisional application. This description, often referred to as the “written specification,” must be thoroughly and precisely written.

Under 35 U.S.C. 112, a written specification is an exhaustive account of an invention, including drawings and claims where appropriate. The written specification should be written in such detail that someone of ordinary skill in the art could practice or replicate it exactly as described.

However, you should be mindful not to limit the scope of your invention by only describing a single method or process. A comprehensive written description must include an in-depth account of how the invention was fabricated and utilized.

Additionally, you must ensure your invention does not infringe upon existing patents. A patent could be invalidated if found to infringe upon another existing one.

When writing your non provisional patent application, the market for your invention should be taken into account. Spend as much time as possible testing the market to determine if pursuing a patent is worth the money and effort.

The key to obtaining a non provisional patent is anticipating all possible ways of practicing your invention, then crafting the application in such a way that allows for this flexibility. This requires extensive research and planning so that your invention has maximum marketability.