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

The difference between a provisional and a non-provisional patent application in New York is an important one to understand. A provisional patent application establishes an early priority date for an invention, though it is not examined by the U.S. Patent and Trademark Office (USPTO). This means that the filing date is set in stone, regardless of whether the invention is eventually granted a patent. On the other hand, a non-provisional patent application is an actual application for a patent. It will go through an examination process and may be granted a patent by the USPTO. While the non-provisional application will have an earlier filing date in the event that the provisional application was filed first, it is still subject to the patent examination process. In short, a provisional patent application is used to establish an early filing date, while a non-provisional patent application is the actual application for a patent. Both are important steps for protecting intellectual property in New York, and should be taken seriously.

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