What is the difference between a 35 U.S.C. 111(a) and 111(b) application?

The main difference between applications filed under 35 U.S.C. 111(a) and 111(b) lies in their purpose and requirements. According to MPEP 201.01:

• 35 U.S.C. 111(a) applications: These are for original (nonprovisional) patents. They require a specification, at least one claim, and drawings (when necessary).
• 35 U.S.C. 111(b) applications: These are for provisional patents. They do not require claims and are not examined on their merits.

The key differences are:

1. Examination: 111(a) applications undergo full examination, while 111(b) applications do not.
2. Duration: 111(a) applications can lead to granted patents, while 111(b) applications expire after 12 months.
3. Requirements: 111(a) applications have stricter formal requirements, including the need for claims.

Inventors often use 111(b) provisional applications to establish an early filing date before filing a more comprehensive 111(a) nonprovisional application.

For more information on 35 U.S.C. 111(a), visit: 35 U.S.C. 111(a).

For more information on nonprovisional application, visit: nonprovisional application.

For more information on patent application types, visit: patent application types.

For more information on provisional application, visit: provisional application.