What is the difference between a Provisional Patent Application and a Non-provisional Patent Application (Regular Patent)?

A Provisional is merely a Patent Application that never becomes a Patent. A Non-provisional is a Patent Application that can eventually become a Patent.

One way to think of this by analogy is:

Non-provisional (Regular)
A new car costs $25,000.00 complete.  You buy it, you own it. 

Provisional
Let's say you bought a 'provisional' car without an engine for $22,500.00 (savings of 10%).  (You can't drive it, which is usually the reason you purchased it.)  After a year, the dealer gets the car back and pays you nothing.

Unless:

Provisional "Converted into a Non-provisional"
You have the dealer install an engine for $7,500.00 (30% additional).  If you have the engine installed, you own the car, but it cost you more than buying it complete in the first place.  (Now you can drive it.)

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The content of this article is not intended to be, and does not constitute, legal advice and does not create attorney-client privilege. Consult the attorney of your choice before embarking on any legal matter or any document preparation/filing.

Dr. Thomas R. (Terry) Williamson III is a Patent Attorney practicing in Atlanta, Georgia.

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