What is the difference between a provisional and a non-provisional patent application?
The difference between a provisional and non-provisional patent application in North Carolina is that a provisional patent application is generally used as a placeholder for an invention. A provisional patent application can be filed with the U.S. Patent and Trademark Office (USPTO) to allow for an inventor to establish a "patent pending" status for an invention. A provisional patent application does not require claims, nor does it require an oath or declaration. Additionally, it does not undergo examination by the USPTO. On the other hand, a non-provisional patent application is a formal patent application that does require claims, an oath or declaration, and will undergo full examination by the USPTO. A non-provisional patent application is typically used when an inventor is ready to get a patent granted for an invention. Additionally, it is necessary to file a non-provisional patent application within 12 months of the filing date of a provisional patent application to prevent an invention from becoming abandoned. In conclusion, the main difference between a provisional and a non-provisional patent application is that the former is used as a placeholder while the latter is a formal application that goes through examination.
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