How does a provisional patent application differ from a nonprovisional application?
While the MPEP 201.02 doesn’t provide detailed definitions, it references 37 CFR 1.9(a) for the definitions of provisional and nonprovisional applications:
- Provisional Application: A temporary application that establishes an early filing date but does not mature into an issued patent without further action.
- Nonprovisional Application: A regular patent application that can be examined and potentially result in an issued patent.
Key differences include:
- Provisional applications have a pendency of 12 months from the filing date.
- Nonprovisional applications undergo examination, while provisional applications do not.
- A nonprovisional application must be filed within 12 months of the provisional to claim its filing date benefit.
For more information on nonprovisional application, visit: nonprovisional application.
For more information on patent examination, visit: patent examination.
For more information on patent filing, visit: patent filing.
For more information on provisional application, visit: provisional application.
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority,
MPEP 201 - Types of Applications,
Patent Law,
Patent Procedure