Provisional and Non-Provisional Patent
When it comes to patenting, it is important to be aware of the basics and the types of patents available. There are two major types of patents available – provisional and non-provisional. While the primary difference between them is in the name itself, i.e., provisional patents are temporary, there are several more factors to consider if you're going down this route.
What is a Patent?
A patent is a legal document that, for a predetermined period of time, typically 20 years from the date of filing, gives the creator exclusive rights to produce, use, and market their work. In exchange for this right, the inventor must declare the details of their invention in a written application, including its technical specifications and how it works. This disclosure serves as a public record of the invention, allowing others to learn from it and make upon it once the patent term expires.
How are Patents Enforced?
Patents are enforced through legal action. If an inventor believes that their patent is being infringed upon, they can file a lawsuit against the alleged infringer. The court will then decide whether the infringer is, in fact, infringing on the patent and, if so, what damages the infringer must pay to the patent holder. The court may occasionally issue an injunction preventing the violator from using or selling the infringing product.
What are the Requirements for Getting a Patent?
In order to get a patent, there are a few basic requirements that one must adhere to:
Novelty: The invention for the patent must be something that is new and has never been disclosed or discussed in public prior to the application's filing.
Non-Obviousness: The invention for which the patent is being filed must not be an obvious improvement over existing technology or something based on common knowledge.
Utility: The invention for the patent must be useful and have practical applications.
Apart from these requirements, there can certainly be other requirements that the inventor must meet when filing the patent application. Since these can differ at times, it's best to get advice from an expert while filing your application.
The Difference Between Provisional Patent and Non-Provisional Patent
Now that we're through with the basics of patenting let's explore the differences between provisional and non-provisional patents.
Provisional Patent
An easier and more affordable substitute for a non-provisional patent application is a provisional patent application. The patent office does not examine it and does not result in an issued patent. Instead, a provisional patent application serves as a placeholder and secures a priority date for an invention. This means that if you later file a non-provisional patent application for the exact invention, the priority date will be the same as the date the provisional application was filed. This can be important, as the priority date is used to determine who has the rights to an invention when multiple parties claim ownership. A provisional patent application is primarily advantageous because it is less expensive and enables the inventor to use the phrase "patent pending" in marketing materials. It also provides a year of "patent pending" status, during which the inventor can test the market, gather feedback, and refine the invention before deciding whether to pursue a non-provisional patent.
Non-Provisional Patent
A non-provisional patent application is a full-fledged patent application that, if granted, results in an issued patent. It is a more complex and expensive process than a provisional patent application, as it requires a detailed description of the invention and examination by the patent office. Non-provisional patent applications must comply with specific requirements set by the patent office, including the submission of detailed drawings, claims, and specifications. Once a non-provisional patent application is submitted, it is examined by a patent examiner to decide whether the invention meets the criteria for patentability. The examination process can take several years, and the patent office may request additional information or changes to the application before granting a patent. The main benefits of a non-provisional patent are that it results in an issued patent that provides legal protection for the invention. It also allows the inventor to enforce their rights against infringers and license the invention to others.
Key Differences between Provisional and Non-Provisional Patents
The above differences can also be reiterated:
Formality:
Provisional patents are less formal and require less detail than non-provisional patents. This makes them less expensive and faster to file, but they do not result in an issued patent.
Priority Date:
Provisional patents secure a priority date for the invention, which is important when determining who has the rights to an invention. Non-provisional patents also secure a priority date, but the priority date is set when the non-provisional patent application is filed.
Examination:
Provisional patents are not examined by the patent office, while non-provisional patents are examined and must meet specific criteria to be granted.
Cost:
Provisional patents are less expensive than non-provisional patents, but they do not result in an issued patent. Non-provisional patents are more expensive, but they result in an issued patent that provides legal protection for the invention.
Final Thoughts
Getting a patent isn't as complicated as it's made out to be. However, it certainly is a time-consuming legal process that requires the parties involved to be extremely accurate and dexterous about the information in the application. We recommend relying on an expert like Lawgical India for your patent application as it would help prevent errors and allow for a smoother overall process.
