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

A provisional and a non-provisional patent application are both important filings to secure patent rights in South Dakota, however, they differ in a few key ways. A provisional patent application is a quicker, less expensive way to file for patent protection in the United States. Generally, the filing of a provisional application only requires a minimal fee, and the applicant does not have to provide a full disclosure of the invention or submit formal claims. This type of application is beneficial because it allows the applicant to establish an earlier-effective filing date and the provisional application will be maintained in confidence by the USPTO. On the other hand, a non-provisional application allows the applicant to fully disclose all necessary information about the invention, and to make claims to the invention. A non-provisional application is more comprehensive and costly than a provisional application, but it is the only way to secure a granted patent. This application must also be followed up by examination by the USPTO in order to be granted patent protection. In summary, while both a provisional and a non-provisional patent application are important filings to protect an invention in South Dakota, the provisional application is a quicker, less costly filing that does not require a full disclosure or formal claims. A non-provisional application is the only way to secure a granted patent, and requires a full disclosure of the invention and formal claims.

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