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Provisional Applications versus Non-Provisional Patent Applications

patent-appWhen it comes to creating something that no one else has ever created before, some steps may have to be taken to protect your investment or invention. This can be done by applying for a patent. However, it does not have to be a patent to produce or manufacture your idea, but it can be a temporary patent to help protect the integrity of your work thus far. Even if you have not fully completed testing of the creation or if you are still working out the kinks of it, the right type of patent can help protect your intellectual property, or creation, for a certain time period.

Provisional Patent

Although not set in stone, a provisional patent helps you to hold on to what you have discovered without the fear of someone else swooping in and taking it from you. It is fairly inexpensive and simple to complete. Provisional applications began to be accepted in the mid ‘90s by the patent offices across the United States. It allowed those who filed it to hold a spot in line for up to twelve consecutive months. This type of patent is very easy to obtain because the requirements of other patents are much more complicated. With this patent, you just need to have your basic idea.

Non-Provisional Patent

Non-provisional applications are very different as there are more requirements to check off in order to file one successfully. It is not a placeholder, but an application for a patent. When someone applies for a non-provisional patent, which can be done without filing a provisional patent, they are attempting to control their creation and establish it within their limitations. When it is filed with the United States Patent and Trademark office will then start the examination to determine that the invention is in fact patentable.

The provisional application allows for the person to use the next twelve months to their advantage when discovering and tweaking their creation. However, once that twelve-month period is up, that person must file for a non-provisional application or possible lose all rights to the product or creation. Provisional allows for the inventor to gather funding and prepare for the costs of what the non-provisional patent will cost. Many inventors have used both of these types of patents to help secure the future of their creativity and masterpieces. Anyone with a great idea that is in the works should file for a provisional just to keep their works sacred and untouchable by others.

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