Patent Pending Guide

What is the difference between a provisional patent application and a utility (nonprovisional) patent application?
A provisional patent application is an informal patent application that is not examined. It can serve as a placeholder for a nonprovisional patent application (also referred to as a utility patent application) if the nonprovisional patent application is filed within 12 months of the filing date of the provisional patent application. The nonprovisional patent application will receive a priority date of the filing date of the provisional patent application in regard to the subject matter disclosed in the provisional patent application.
The U.S. Patent Office only has five requirements for a provisional patent application compared to more than a dozen requirements for the nonprovisional patent application. The filing fee is also much less, as low as $65, for a provisional patent application. The drawings only need to be legible, and digital photographs can be used. The downside of a provisional patent application is that it is not examined and expires 12 months from the filing date of the application. A nonprovisional application must be filed within 12 months of the filing date of the provisional patent application so the total cost of both a provisional patent application and nonprovisional patent application will likely be more than the cost of simply filing a nonprovisional patent application. However, the initial cost is much less, provides “Patent Pending” status, and provides a basis for national and international patent protection for 12 months while the invention is further developed, marketed and/or licensed.