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Utility Patents FAQs

What is the difference between a provisional patent application and a full patent application?

A provisional patent, if issued, will provide temporary and limited protection for the inventor of the patented item. Filing a provisional patent application establishes an early filing date for your full (i.e., "non-provisional") patent application. By contrast, a non-provisional patent application is an application for the grant of a full patent, which, if issued, will provide complete protection of the applicant's invention.

People file provisional patent applications to secure the earliest possible start date for patent protection. An inventor who files a provisional patent application can use the term "patent pending" in connection with their invention if they intend to later file a full patent application. That inventor must file his or her full patent application within 12 months of the date the provisional patent application was filed. If the full patent is granted, the full patent's filing date will be the same as it was for the provisional patent.