Provisional vs Non-Provisional Patent: Key Differences Explained

A provisional application secures an early filing date at lower cost; a non-provisional application is the one the USPTO examines and that can become a granted patent.

Examination

Provisionals are not examined and never issue as patents on their own. Non-provisionals are examined, require formal claims and an oath or declaration.

The 12-month window

A provisional expires 12 months after filing. To claim its date you must file a non-provisional (or a PCT international application) within that window.

Cost and speed

Provisional fees are lower and the format is more flexible, which is why many inventors file a provisional first and use the year to test the market, find investors or refine the product.

The catch

The non-provisional can only rely on what the provisional actually disclosed. A detailed provisional, with drawings and alternatives, is worth far more than a short summary.

Start with a strong draft

GetQuickPatent creates a detailed provisional draft in minutes so you can claim your filing date sooner and plan the non-provisional with an attorney.