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

The difference between a provisional and a non-provisional patent application is important to understand if you are seeking protection for your invention in South Carolina. A provisional patent application is an unofficial document which establishes a priority date for the invention. It must be filed with the United States Patent and Trademark Office (USPTO) to protect the invention. However, this application does not require complete patent drawings or a formal patent claim. It is simply a placeholder for the invention. A non-provisional patent application is the official document that will be reviewed by the USPTO. The application must include complete patent drawings, a formal patent claim, and other details about the invention. This document provides protection for the invention should it be accepted by the USPTO. Providing a provisional patent application will give the inventor the priority date of the invention, allowing the inventor to use that date as proof of ownership should any disputes arise. It is important to note that a provisional patent application does not provide the same protection as a non-provisional patent application, and it does not guarantee that the invention can be patented. The USPTO must review the non-provisional application to determine if the invention is eligible for a patent. In South Carolina, inventors must receive a patent from the USPTO before they can commercialize their invention. Therefore, it is important to understand the difference between a provisional and a non-provisional patent application before seeking protection for your invention.

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