Skip to content
  • About
  • Services
    • Phone Interview
    • Initial Meeting
    • Invention Analysis
    • Plan of Action
    • Invention Design
    • 2D/3D Illustrations
    • Invention Engineering
    • Patent Protection
    • Market Research
    • Manufacturers Search
    • Invention Brochures
    • Licensing & Royalties
  • Submit
  • Benefits
  • Blog
  • Contact
Menu
  • About
  • Services
    • Phone Interview
    • Initial Meeting
    • Invention Analysis
    • Plan of Action
    • Invention Design
    • 2D/3D Illustrations
    • Invention Engineering
    • Patent Protection
    • Market Research
    • Manufacturers Search
    • Invention Brochures
    • Licensing & Royalties
  • Submit
  • Benefits
  • Blog
  • Contact

972-402-0000

Irving, Texas

  • About
  • Services
    • Phone Interview
    • Initial Meeting
    • Invention Analysis
    • Plan of Action
    • Invention Design
    • 2D/3D Illustrations
    • Invention Engineering
    • Patent Protection
    • Market Research
    • Manufacturers Search
    • Invention Brochures
    • Licensing & Royalties
  • Submit
  • Benefits
  • Blog
  • Contact
Menu
  • About
  • Services
    • Phone Interview
    • Initial Meeting
    • Invention Analysis
    • Plan of Action
    • Invention Design
    • 2D/3D Illustrations
    • Invention Engineering
    • Patent Protection
    • Market Research
    • Manufacturers Search
    • Invention Brochures
    • Licensing & Royalties
  • Submit
  • Benefits
  • Blog
  • Contact
Free Invention Analysis

Understanding Provisional and Utility Patents

  • May 22, 2015
Understanding Provisional and Utility Patents

It is important for new inventors to understand the types of patents available to them. The two most popular patents are Provisional Patents and Utility Patents. Here we will explore the difference between each so that new inventors will have a proper understanding of both.

Provisional Patents

Provisional patents were first made available to inventors by the United States Patent and Trademark Office (USPTO) on June 8, 1995. This precursor to the Utility Patent has become a popular means of obtaining a patent for first time inventors for the following reasons:

  • Less expensive than a 20 year Utility Patent
  • Invention may be slightly changed by a manufacturer to make it more unique
  • No other fees are associated with its maintenance
  • Patent is good for one year from the original filing date

This type of patent is good for new inventors that may want to test the waters with their invention before committing to a more expensive 20 year patent. For the one year time period, the invention receives a “patent pending” status. Another benefit of the one year patent is that if a similar invention is already patented, it may be slightly changed without compromising the invention’s integrity. In other words, the invention will still maintain its function but something about it will be slightly changed to differentiate it from another patent holding invention that may be similar.

Utility Patents

Previously, the USPTO had determined the life of this type of patent to be 17 years. Starting June 8, 1995 the terms of this patent were changed to 20 years. A few things to know about a 20 year patent are:

  • It’s a ‘set in stone’ patent, meaning no changes may be made to it
  • More expensive than the Provisional Patent
  • Patent is awarded a number and is no longer under the ‘patent pending’ status
  • Maintenance fees are associated with this type of patent throughout the 20 year term

While an inventor may choose either of these patents, most choose the Provisional Patent route in hopes that a manufacturer will pick up their invention and therefore be responsible for obtaining a 20 year patent. During the time that the one year patent is active, an inventor may choose to file for either the 20 year patent or they may refile for the one year patent each year indefinitely. However, this means that the old filing date of the original one year patent holds no weight in the patent arena. The inventor is given a new filing date and with each new one year patent application that is filed, whatever the latest filing date is takes precedence.

What this means is that even though an inventor filed for a one year patent in 2011 and refiled for another year in 2012, if another inventor was granted a 20 year patent for the same invention in 2011, the inventor with the 20 year patent takes precedence over the inventor of the same invention with the Provisional Patent. The good news for the one year patent holder is that his invention may still be changed to render it into something unique -again, without losing the integrity of the invention.

However an inventor chooses to patent their invention, it is crucial to the success of the invention to have the basic facts on the types of patents available. A good patent agent, such as LoneStar Patent Services, is able to provide all levels of inventors with the proper guidance so that they may decide the best course of action to take for the success of their invention.

Inventions
Tech

Latest Posts

When to Do a Patent Search
When to Do a Patent Search
To search or not to search is not the question here. You should always conduct a patent search before filing ...
Tesla’s car patents are released to the Public
Tesla’s car patents are released to the Public
Electric vehicles (EVs) are not a new concept. Before the gas powered engine was used, the first vehicles ran on ...
The Role Of A Patent Examiner
The Role Of A Patent Examiner
Before the United States Patent and Trademark Office (USPTO) even became an established entity in the US, there existed the ...
Benjamin Franklin – Inventor & Innovator
Benjamin Franklin – Inventor & Innovator
Most of us have learned by junior high that Benjamin Franklin created electricity by placing a church key in a ...
New Product Licensing
New Product Licensing
When it comes time for product licensing, an inventor will already have been granted a patent for their invention and ...
What Is Intellectual Property
What Is Intellectual Property
In the patenting world there is much talk on intellectual property (IP). What is it and what protection does it ...
Previous
Next
View all Posts

What's on Your Mind?

Submit your Idea for your Free
Patent Search Now.

FREE PATENT SEARCH
  • 972.402.0000
  • [email protected]

What's on Your Mind?

Submit your Idea for your Free
Patent Search Now.

FREE PATENT SEARCH
  • 972.402.0000
  • [email protected]

Give Us a Call

972.402.0000

Evaluate

  • Phone Interview
  • Initial Meeting
  • Invention Analysis
  • Plan of Action

Develop

  • Invention Design
  • 2D/3D Illustrations
  • Invention Engineering
  • Patent Protection

Launch

  • Market Research
  • Manufacturers Search
  • Invention Brochures
  • Licensing & Royalties

Address

6565 N.MacArthur Blvd, Irving, Texas 75039

Phone

972.402.0000

800.962.3032

972.402.0095

Email

[email protected]

Evaluate

  • Phone Interview
  • Office Meeting
  • Invention Analysis
  • Plan of Action

Develop

  • Invention Design
  • 2D/3D Illustrations
  • Invention Engineering
  • Patent Protection

Launch

  • Market Research
  • Manufacturers Search
  • Invention Brochures
  • Licensing & Royalties

Follow Us

Facebook-f Instagram Linkedin-in Pinterest-p Twitter
© 2022, Lonestar Patent Services, Inc.

Privacy Policy | Terms of Use

Free Invention Analysis

×

Non-Disclosure Agreement (NDA)

This agreement keeps your idea safe between you and Lonestar Patent Services.

I understand that the product idea information I submit cannot be used, disclosed or sold without my express written permission. I also understand that all Lonestar Patent Services employees are required to sign an ethics and confidentiality agreement for my protection. I believe that I am the original inventor of the idea described herein. I authorize Lonestar Patent Services to review my idea and contact me in 3 to 5 business days with the results. I acknowledge that Lonestar Patent Services monitors and records telephone calls for quality assurance. I understand that Lonestar Patent Services does not promise any financial gain from the development of any new product idea.

By clicking the “submit” button below as my electronic signature, I expressly consent to being contacted about Lonestar Patent Services by phone call, auto-dialed phone call including prerecorded voice messages, text messages or email at any number or email address I provide. I understand that my consent is not a requirement for purchase of services.

Fee based service.