Key Takeaways

  • A conventional (non-provisional) patent application is a formal request for patent rights examined by the USPTO.
  • Unlike provisional applications, conventional applications must meet strict formatting, content, and timing requirements.
  • Filing a conventional application allows inventors to secure enforceable patent rights and claim priority to earlier filings, including provisional or foreign applications.
  • A conventional patent application is often a prerequisite for international patent filings under the Paris Convention or PCT.
  • Choosing between a provisional, conventional, or PCT application depends on factors such as market scope, timing, budget, and patent strategy.

A conventional patent application — also known as a non-provisional patent application — is the formal patent application that the Patent Office will review. If accepted, you'll be awarded a patent for your creation, which comes with exclusive rights.

About Non-Provisional Patents

Provisional patent applications are informal, simple, and quick to file. Non-provisional applications, however, are long and complicated. The form is long and contains many different parts. Each part has numerous rules.

A non-provisional patent application may be compared to a formal dinner with its length and various parts. With all of its fussy rules, you may get into trouble if you break one. However, unlike a stuffy dinner, the hassles that come with a non-provisional application are worth it. A conventional patent application can issue into enforceable claims, which a provisional application can't do.

A dog toy you create with a specific pattern of holes and slits is only protected once the U.S. Patent and Trademark Office issues you a non-provisional patent. After that, anyone who makes a dog toy with your same pattern is infringing on your patent rights.

Filing Timeline and Priority Claims

A conventional patent application must typically be filed within 12 months of an earlier provisional application or foreign patent filing to claim priority under the Paris Convention. This priority claim secures the original filing date, which is critical when proving novelty over other inventions.

Key timing considerations include:

  • Provisional to non-provisional transition: File within 12 months to preserve the benefit of the earlier date.
  • Foreign priority: If you've filed abroad, you can file a U.S. conventional patent application within 12 months to claim the same date.
  • First-to-file rule: The U.S. follows a first-to-file system, so earlier filing generally means stronger rights.

About Patent Applications

Inventors submit patent applications to the USPTO in hopes of obtaining patent protection for their inventions. The types of patent applications are the following:

  • Design
  • Utility
  • Plant

A design patent discloses how an invention looks, a utility patent discloses how an invention works, and a plant patent disclose a new plant variety.

The USPTO examines patent applications and issues patents for inventions that are both novel and non-obvious. There are strict rules governing the content and format of patent applications.

Components of a Conventional Patent Application

A conventional patent application includes several required parts that must comply with USPTO formatting rules. These components are:

  • Specification: A written description of the invention and how to make and use it.
  • Claims: Legal definitions of the invention’s scope.
  • Drawings: Visuals (when applicable) that support the written description.
  • Abstract: A concise summary of the invention.
  • Oath or declaration: A signed statement by the inventor confirming originality.
  • Information Disclosure Statement (IDS): A list of known prior art relevant to the invention.

Failure to include or properly format these sections can result in rejections or delays.

Provisional vs. Non-Provisional Patents

How do people come up with inventions?

As an example, consider your dog not leaving you alone while you eat dinner. In exasperation, you put a piece of your sandwich inside a plastic jar and let him push it around. As you watch your dog, you're hit with an idea. Good inventions are rare, so if you have a flash of genius, you should protect your idea.

First, you must know the difference between provisional and non-provisional patents.

By filing a provisional application, you're able to quickly protect your invention, but only for a short period of time. Provisional applications are only the beginning. True protection comes in the form of a non-provisional patent.

Knowing what makes these patents different will show you more about the patent filing process, along with the costs that come with patents and the best ways to use provisional and non-provisional applications to protect your rights.

For instance, as you watch your dog play with the plastic jar, you might realize that the right size holes would make the toy perfect. You might ask yourself questions like the following:

  • Which size holes would be big enough for him to taste the food but small enough to prevent him from taking all of it?
  • How do I know what size is the right size?

You may sit down and sketch some ideas and then proceed with testing to see which works best.

International Considerations and PCT vs. Conventional

If you plan to protect your invention internationally, a conventional patent application may serve as the basis for foreign filings. You have two main options:

  1. Conventional Application under the Paris Convention: File in a foreign country within 12 months of the U.S. filing to claim priority.
  2. Patent Cooperation Treaty (PCT) Application: Provides a unified filing procedure for multiple countries, deferring national-stage decisions for up to 30 or 31 months.

Inventors often begin with a provisional, follow with a U.S. conventional application, and then file a PCT application or national applications in other countries. The right strategy depends on your budget, target markets, and long-term IP goals.

Which Patent Application Should You File?

If you're wondering which application to file, you should file both. For instance, you have an idea of the range of possibilities for slit and hole patterns for your dog toy. By including them in your provisional application, you have a year in which to test your ideas. You can create drawings for your conventional application based on successful patterns.

During that time, you can also find a partner who will produce the toy. You can test it on other dogs to see if they like the same patterns. You may also contact toy manufacturers.

Provisional patents give you time to work on your patent, allowing you to ask yourself the following questions:

  • Does my invention work?
  • Is my invention worth the time and money that goes into a non-provisional application?
  • Does anyone want to make my product?

Provisional and non-provisional patents are different, but you can use them together to make the most of your creation and obtain the most valuable patent possible.

Conventional patents give you rights that a provisional patent doesn't. However, some inventors find provisional patents useful as they perfect their creations.

Advantages of Filing a Conventional Patent Application

A conventional patent application provides several benefits that make it a cornerstone of patent protection:

  • Enforceable rights: Only a conventional (non-provisional) application can mature into an enforceable patent.
  • Patent pending status: You can label your invention as “patent pending” while awaiting examination.
  • Licensing potential: Investors and licensees often prefer patented (or patent-pending) technologies over those with provisional filings.
  • Stronger protection: A granted utility patent offers up to 20 years of exclusive rights.
  • Foundation for foreign filings: Acts as the priority document for international patent applications.

While more costly and complex than a provisional application, a conventional patent application is necessary to obtain full legal protection for your invention.

Frequently Asked Questions

  1. What is the difference between a conventional and provisional patent application?
    A conventional (non-provisional) application leads to a granted patent and is examined by the USPTO. A provisional application is not examined and expires after 12 months unless followed by a non-provisional filing.
  2. Can I file a conventional patent application without a provisional first?
    Yes. While many inventors use provisional applications to establish an early filing date, it's entirely valid to file a conventional patent application directly.
  3. How long does it take for a conventional patent application to be granted?
    The timeline varies by technology and backlog but typically ranges from 18 to 36 months. Expedited options like Track One may reduce wait times.
  4. Do I need an attorney to file a conventional patent application?
    Though not legally required, hiring a patent attorney is strongly recommended due to the complexity of the application and the importance of precise claims drafting.
  5. Can I file internationally after submitting a U.S. conventional application?
    Yes, you may file under the Paris Convention within 12 months or file a PCT application within that same timeframe, claiming priority to the U.S. filing.

If you need help with a conventional patent application, you can post your legal need on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.