Which application should I file?
ProPatents.com can assist with the preparation and filing of three (3) different types of United States patent applications:
- Provisional Patent Applications
- Non-Provisional Patent Applications
- Design Patent Applications
Each of these applications offer different benefits and limitations.
Provisional Patent Application
A provisional patent application is a type of "interim" patent application filed with the United States Patent and Trademark Office to protect the function of an invention. They are frequently used to protect the function of machines, devices and certain processes or business methods.
Provisional patent applications are not examined by the United States Patent and Trademark Office. An inventor can file a provisional patent application without including any formal patent claims, oath or declaration, or any information disclosure (prior art) statement. All that is required for a provisional patent application is a written description, as well as any drawings, necessary for a complete understanding of the invention.
Importantly, provisional patent applications also allow the term "Patent Pending" to be applied immediately upon filing.
A provisional patent application is a means of quickly and affordably getting your invention on record with the United States Patent and Trademark Office. The application will remain in force and effect for a period of one (1) year from the filing date of the provisional patent application – this one (1) year pendency period cannot be extended. After one year, you must file a non-provisional (i.e., "standard") patent application or abandon the provisional patent application. Provisional patent applications will not mature into a granted patent without further submissions by the inventor.
Multiple provisional patent applications can be filed for a single invention. The applications can also be consolidated into a single non-provisional patent application. Provisional patent applications offer a number of important advantages, including the following:
- Simplified filing with minimal initial cost
- allows one (1) full year to assess the commercial potential of the invention before committing to the higher cost of filing and prosecuting a non-provisional patent application;
- establishes an official filing date for the invention with the United States Patent and Trademark Office;
- permits immediate use of the term “Patent Pending” for at least one (1) year;
A provisional patent application can be filed up to one year following the date of first sale, offer for sale, public use, or publication of the invention.
Because provisional patent applications alone cannot mature into issued patents, a non-provisional patent application must be filed within one (1) year from the filing date of the provisional application to claim the priority filing date of the provisional application. Failure to file a non-provisional patent application within such one year period will result in loss of the priority filing date.
Non-Provisional Patent Application
A non-provisional patent application is a “standard” patent application filed with the United States Patent and Trademark Office that protects the function of an invention. Non-provisional patent applications are frequently used to protect the function of machines, devices and certain business methods.
Unlike provisional patent applications, non-provisional patent applications are actually examined by the United States Patent and Trademark Office. If the legal requirements of patentability are satisfied, a non-provisional patent application can ultimately issue as a full patent.
Non-provisional patent applications require at least one formal patent claim, an oath or declaration by the inventor(s), and any applicable information disclosure/prior art statement(s). Like provisional patent applications, non-provisional patent applications also allow the term "Patent Pending" to be applied immediately upon filing of the application.
Because the legal and formatting requirements of non-provisional patent applications are more extensive than provisional patent applications, the costs associated with preparation and filing of non-provisional patent applications are typically more significant.
After filing, a non-provisional patent application will be assigned to an employee of the USPTO known as an “Examiner.” The Examiner will review the non-provisional patent application and perform a search of other relevant patents, technical papers and other disclosure materials. Assuming that all of the required components of the non-provisional application are present, the Examiner will eventually issue a formal report – known as an “Office Action” - detailing the Examiner’s ruling regarding whether a patent will be granted. The applicant(s)/inventor(s) then have an opportunity to respond to the Office Action and any arguments against patentability asserted by the Examiner.
Design Patent Application
A design patent application is a type of patent application filed with the United States Patent and Trademark Office that protects only the ornamental design (i.e., “appearance”) of an invention. Design patent applications are frequently used to protect inventions having a distinct appearance, such as, for example, furniture, clothing and accessories and/or jewelry.
Design patent applications are examined by the United States Patent and Trademark Office and (provided that the legal requirements of patentability are satisfied) can ultimately issue as full design patents.
Because design patent applications address appearance rather than function, drawings play a key role in design patent applications. Drawings depicting multiple views of an invention must be included with every design patent application. However, unlike non-provisional patent applications, design patent applications typically contain very little written descriptions or other text.
After filing, a design patent application will be assigned to an employee of the United States Patent and Trademark Office known as an “Examiner.” The Examiner will review the design patent application and perform a search of other relevant patents, technical papers and other disclosure materials. Assuming that all of the required components of the design patent application are present, the Examiner will eventually issue a formal report – known as an “Office Action” - detailing the Examiner’s ruling regarding whether a patent will be granted. The applicant(s)/inventor(s) then have an opportunity to respond to the Office Action and any arguments against patentability asserted by the Examiner.
For more information, see our FAQ section.
You can expect top quality.
Nothing is more important than the quality of your patent application. Our patent professionals will review the information that you provide, and make sure that your application is prepared and filed in a timely and professional manner.
We work fast
Once you send us the information about your invention, our patent professionals immediately go to work. Provisional and design patent applications are filed on or before the next business day following receipt of your information. Non-provisional patent applications take a little longer to prepare and file – so we will contact you on or before the next business day with a cost estimate and proposed filing date for your non-provisional application. Once you approve the estimate, we will get started working on your non-provisional patent application.
We will help you every step of the way
Our patent professionals are available to give recommendations and answer your questions about your patent application. You can reach us any weekday from 8:00 am to 5:00 pm (phone).
We guarantee your satisfaction
We guarantee that you will be completely satisfied with ProPatents.com or your money back.
For more information, see our FAQ section.
ProPatents.com is not an invention submission firm or marketing service- our exclusive focus is getting your patent application prepared and filed with the United States Patent and Trademark Office. ProPatents.com is a service established by United States registered patent attorneys – we have streamlined the patent application process to make it easy, fast and affordable. And because each application is prepared and filed by our patent professionals, quality is never sacrificed.
Just choose the type of patent application that you want to file, answer our easy online questionnaire (and upload or fax any drawings, if applicable), and we’ll take care of the rest. A registered patent attorney will review your information, prepare your patent application and supervise filing the application with the United States Patent and Trademark Office - all for a fraction of what you could expect to pay if you hired a patent lawyer.
After you submit your information to ProPatents.com, we’ll get started right away. Provisional patents and design patents are filed with the USPTO on or before the next business day after we receive all of your information. Non-provisional patent applications take a little longer to prepare and file – so we will contact you on or before the next business day with a proposed filing date for your non-provisional application.
Our process in a nutshell
| 1 | Select the type of application that is best for you. If you need help deciding what type of application to file, click here. |
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| 2 | Complete our online questionnaire so that we can fully understand your invention and your vision. We'll contact you if we don’t understand anything or need additional information. If you have any questions, help is a phone call away at 877-344-0007. Your information will be reviewed by a registered United States Patent Attorney. |
| 3 | Your provisional patent application will be filed with the USPTO on or before the next business day.
For non-provisional and design patent applications, we will contact you on or before the next business day with a flat rate charge for preparing and filing your application with the USPTO. We will not get started or incur any cost until you have specifically authorized us to do so. |
| 4 | We’ll send you an official filing receipt from the USPTO confirming the filing of your application, with the official Patent Office filing date and serial number for your application. We’ll keep you informed regarding the progress of your application every step of the way. |
For more information, see our FAQ section.
