Provisional vs Utility Patent
Provisional vs Utility Patent
When you're ready to protect your invention, one of the first decisions you'll face is whether to file a provisional patent application or a utility patent application. Understanding the difference can save you time, money, and missed opportunities.
What Is a Provisional Patent Application?
A provisional application is a temporary filing with the USPTO that lets you:
- Establish an official filing date
- Use the label "Patent Pending"
- Delay formal examination for up to 12 months
It’s cheaper, faster to prepare, and gives you time to refine your invention or seek funding before committing to a full utility application.
What Is a Utility Patent Application?
A utility patent is the standard form of patent protection. It:
- Provides full legal protection once granted
- Is reviewed and examined by a USPTO examiner
- Can last 20 years from the filing date
You must file a utility patent within 12 months of your provisional if you want to keep your original priority date.
Key Differences
| Feature | Provisional Patent | Utility Patent |
|---|---|---|
| Reviewed by USPTO? | No | Yes |
| Cost | $75–$300 (filing only) | $5,000–$15,000+ |
| Legal protection | Not enforceable | Fully enforceable once granted |
| Filing requirements | No claims required | Full claims and formal structure |
| Duration | Expires in 12 months | 20 years from filing |
When to Use Each
Use a provisional if:
- You're still developing your product
- You want to delay costs
- You need time to raise funds or validate the market
Use a utility if:
- You're ready to protect the final version of your invention
- You want full IP rights and enforceability
- You're facing potential competition or public disclosure
Related Articles
- How to Patent an Idea
- Provisional Patent Application Checklist
- Patent Filing Timeline
- Affordable Patent Lawyers
