A non-provisional application is a patent application where an applicant provides the Patent Office with everything (the statutory requirements and fees) the Office needs to begin reviewing the application. A non-provisional application can be created either by converting an earlier-filed provisional application or by directly filing a non-provisional application. Filing a non-provisional application will usually initiate one or more Office Action responses by the Patent Office.
Requirements:
- Title;
- Cross-reference to related applications (if any);
- Invention summary;
- Drawing description;
- Claim(s);
- Abstract;
- Signed oath or declaration;
- Drawing(s)
Advantages:
- Expedites patenting process;
- Avoids provisional application and conversion fees;
- Can take advantage of earlier filing date (i.e. foreign application)
Includes:
- In-depth patentability analysis based on searching
- Specification
- Drawings
- Complete claim set
- All client consultations,
- Filing the case with the USPTO
- All USPTO and client correspondence needed to prepare and file the application
- Tracking deadline to file a non-provisional patent application
Disadvantages:
- Do not have 1-year window to allow marketing, development, fundraising, etc. before patent office examination (incurring more cost and fees);
- Requires examination costs and fees immediately;
- Protection timeframe begins at date of filing non-provisional application;.
- Must include oath or declaration
- Must include claims.
