A utility patent application is the most common type of patent application filed with the United States Patent Office. There are two types of utility applications that can be filed, the nonprovisional application and the provisional application. Each year, the Patent Office receives around 500,000 utility patent applications. While the vast majority of these applications are nonprovisional applications many of them claim priority from previously filed provisional applications. 

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A provisional patent application is not examined by a patent examiner and will never issue as a patent. A provisional patent should be viewed more as a place holder at the Patent Office. The provisional patent is a less expensive alternative to the nonprovisional application to get a priority date at the Patent Office. Once a provisional patent application is filed, you will receive a filing date which gives you priority over all other patents filed at the patent office after that date. It is important to remember that a provisional patent application is only good for one year. The provisional patent application must either be converted to a nonprovisional patent application, or a nonprovisional patent application must be filed which relates back to the provisional patent application within one year of the filing of a provisional patent application.

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There are many advantages to filing a provisional patent application before a nonprovisional patent application. For starters, a provisional patent application takes less work and thus is not as expensive as a nonprovisional patent application. Further, much of the provisional patent application can be used in the nonprovisional patent application making the preparation of the nonprovisional patent application less expensive. Additionally, a provisional patent application may act to extent patent protection by one year essentially making the patent term 21 years. 

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There are many advantages of having a patent attorney prepare and file your provisional application.  A patent attorney not only has the technical background to understand and properly describe your invention in the patent application, but a patent attorney also has the legal background to prepare your application in light of potential litigation. This legal knowledge and understanding in preparing your provisional patent application will be a huge asset to you when continuing on with a nonprovisional patent application to receive patent protection.

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At Sam IP Legal Solutions, we have the legal and technical knowledge to provide you with the greatest degree of protection at an affordable cost. Contact us today to get started in securing your patent rights for your inventions.