What is the difference between a nonprovisional and a provisional patent application?

While MPEP 203.03 specifically discusses amended nonprovisional applications, it’s important to understand the distinction between nonprovisional and provisional applications:

  • Nonprovisional Application: This is a formal patent application that can result in an issued patent. It undergoes examination and can be amended, as described in MPEP 203.03.
  • Provisional Application: This is a temporary application that establishes a priority date but does not undergo examination and cannot be amended.

The amended status discussed in MPEP 203.03 applies only to nonprovisional applications, as provisional applications are not examined or amended.

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Topics: MPEP 200 - Types and Status of Application; Benefit and Priority, Patent Law, Patent Procedure
Tags: nonprovisional application, patent prosecution, Patent Types, provisional application