What is the difference between a provisional and a non-provisional patent application?

A provisional patent application and a non-provisional patent application are two different types of patent applications in Nevada. A provisional patent application does not result in an officially granted patent from the U.S. Patent and Trademark Office (USPTO). It is instead a placeholder that provides an inventor with a 12-month period to file a subsequent non-provisional patent application. The utility of a provisional patent is that it provides inventors with an opportunity to test their idea in the marketplace before they formally invest resources into a non-provisional patent application. On the other hand, a non-provisional patent application does result in the USPTO issuing a patent that legally grants to the inventor an exclusive right to make, use, and sell the invention. In order to receive such a patent in Nevada, an inventor must submit a detailed description of the invention and show that the invention is novel and non-obvious. The inventor must also submit any necessary drawings of the invention and describe the best way of using the invention in order for the USPTO to make a determination of patentability. In summary, a provisional patent application provides an inventor with a 12-month period to test their invention in the marketplace before they formally invest resources into a non-provisional patent application. A non-provisional patent application is the only type of patent application that results in the USPTO issuing a patent that legally grants to the inventor an exclusive right to make, use, and sell the invention.

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