The Differences Between Utility & Provisional Patents
A patent is an intellectual property right granted by the U.S. government. Under 35 U.S. Code 154, inventors who have a valid patent may "exclude others from making, using, offering for sale, or selling" their inventions in the United States for a certain period of time. Utility patents encompass particular types of inventions, and provisional patent applications have a specific function and time limit.
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Subject Matter
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U.S. patent laws establish three categories of patentable subject matter. The U.S. Patent and Trademark Office states that a utility patent covers "any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof." Design patents cover "new, original and ornamental design for an article of manufacture," and plant patents "are granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant."
Application Requirements
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To apply for a utility patent, an inventor must submit a detailed nonprovisional patent application to the USPTO. Major elements of a patent application include a brief summary of the invention, an exact statement of the invention's scope, a thorough description of the invention that distinguishes it from prior inventions and detailed drawings of the invention. A patent examiner will approve a patent application if the invention satisfies the legal requirements for a patent grant. Inventors may also submit a provisional, or interim patent application for utility or design inventions. A provisional application requires only three elements: a title, a description of the invention and any necessary drawings.
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Term
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How long a patent remains valid depends on the subject matter of the patent. Utility and plant patents have a term of 20 years. Design patents have a term of 14 years. Provisional patent applications have a term of one year. An inventor must file a full, nonprovisional patent application for his invention within 12 months after the USPTO accepts his provisional application for that invention.
Patent Pending
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A patent pending notification on an invention informs the public that the inventor is seeking a patent. It warns competitors that an invention may soon have patent protection, thus discouraging acts, such as manufacturing the invention without the permission of the inventor, that may constitute patent infringement in the future. Inventors who submit a nonprovisional utility patent may designate their inventions as "patent pending" once they have submitted a full patent application. Submitting a provisional application allows an inventor to designate her invention as "patent pending" while completing the full patent application.
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References
- Legal Information Institute: 35 U.S.C. 154 -- Contents and term of patent; provisional rights
- USPTO: Patents -- What Is a Patent?
- USPTO: A Guide to Filing A Non-Provisional (Utility) Patent Application
- USPTO: Provisional Application for Patent
- USPTO: 35 USC 154.2701 Patent Term
- USPTO: What Do the Terms "Patent Pending" and "Patent Applied for" Mean?
