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What type of patent should I file?

Updated: Dec 5, 2023

What patent type should I choose
Provisional patent drafting

Who is This Guide For?
  • Inventors in Early Stages: If your invention is still evolving, a provisional patent provides a cost-effective starting point.

  • Ready-to-Launch Innovators: If your invention is market-ready, a non-provisional patent offers comprehensive protection.

Understanding Non-Provisional and Provisional Patents:

What type of patent should I file?

Provisional Patent?
  • A Precursor to Full Protection: A provisional patent is an initial step in the patenting process. It serves as a temporary placeholder, providing inventors with a priority filing date and the coveted "Patent Pending" status.

  • Quick and Cost-Effective: Opting for a provisional patent allows you to swiftly establish your claim without the comprehensive requirements and costs associated with a non-provisional patent.

For Whom is a Provisional Patent Suitable?

  • Innovators in a Hurry: If speed is of the essence and you wish to promptly secure your invention's status, a provisional patent offers a rapid route.

  • Cost-Conscious Creators: For those mindful of initial expenses, a provisional patent provides a cost-effective solution, allowing you to initiate the protection process without significant financial commitment.

  • Strategic Move with Investors: Entrepreneurs engaging with investors often find provisional patents strategically advantageous. It offers a quick establishment of your intellectual property's status, showcasing commitment and seriousness to potential backers.

Reserved Protection for Ongoing Development:

  • Flexibility to Refine: Provisional patents provide inventors with the flexibility to continue refining and developing their invention during the "Patent Pending" phase.

  • Extended Evaluation: This period allows you to gauge market interest, assess potential improvements, and strategically position your invention before committing to a full patent.

Non-Provisional Patent?

While provisional patents offer a swift entry into the world of innovation protection, non-provisional patents represent the comprehensive safeguarding of your intellectual property. Let's explore what a non-provisional patent entails, the individuals or entities it suits, and the unparalleled advantages it brings to the realm of patenting.

1. Understanding the Essence of Non-Provisional Patents:

  • Full Patent Protection: A non-provisional patent is the ultimate manifestation of protection, providing inventors with complete and enforceable rights over their invention.

  • Detailed and Comprehensive: Unlike provisional patents, non-provisional patents require a detailed and comprehensive application, outlining the invention's structure, functionality, and uniqueness.

2. For Whom is a Non-Provisional Patent Suitable?

  • Established Inventors and Businesses: Established inventors and businesses seeking robust protection for their inventions often opt for non-provisional patents. It solidifies your exclusive rights and provides a strong foundation for legal enforcement.

  • Long-Term Protection: If your invention has reached a stage where you are ready for market entry or long-term protection, a non-provisional patent is the ideal choice.

  • Legal Recourse and Enforcement: Non-provisional patents empower inventors with the ability to take legal action against infringement, ensuring that your intellectual property remains exclusively yours.

3. Unlocking Unparalleled Advantages:

  • Global Protection: Non-provisional patents offer global protection, providing inventors with exclusive rights to their invention not only in their home country but also in international markets.

  • Valuable Asset for Business: For businesses, non-provisional patents transform inventions into valuable assets. This not only safeguards your innovations but also enhances your company's market positioning and competitiveness.


Timelines and Costs:
  • Non-Provisional Patent:

    • Timeline: Longer examination process.

    • Costs: Generally higher due to detailed requirements.

  • Provisional Patent:

    • Timeline: Provides a year before deciding on non-provisional.

    • Costs: More budget-friendly for the initial phase.

Protection and Priority:
  • Non-Provisional Patent:

    • Protection: Full protection against infringement.

    • Priority: Priority can be claimed from the filing date.

  • Provisional Patent:

    • Protection: Offers a filing date but needs conversion for complete protection.

    • Priority: Provides a filing date for later conversion.

Detail Level:
  • Non-Provisional Patent:

    • Detail: Requires in-depth descriptions and specific claims.

  • Provisional Patent:

    • Detail: Allows for less detail initially but clarity is essential.

Application Process:
  • Non-Provisional Patent:

    • Application: Comprehensive and formal process.

    • Timeline: Longer due to detailed examination.

  • Provisional Patent:

    • Application: Initial filing is less detailed.

    • Timeline: Provides a year before conversion.

Gnovelty’s Approach:
  • Informed Decision-Making: Gnovelty's experts guide you, ensuring an informed choice.

  • Gnovelty Console: Stay informed with our innovative platform, making the process transparent and accessible.

  • Free Video Call Consultation: Uncertain about the right path? GNOVELTY offers a free video call consultation to guide inventors in making informed decisions.

  • Our Approach: At GNOVELTY, we demystify the patenting process, ensuring accessibility for all inventors. Our platform provides an innovative solution, offering a transparent and efficient journey toward securing your invention.

Demystify the patent drafting process with Gnovelty. Whether you're at the idea stage or ready for market, make the right choice for your invention’s protection. Join us in shaping a future where innovation thrives, backed by comprehensive and accessible patent solutions.

Conclusion: Navigating the intricate world of patents need not be a daunting task. With the right guidance and understanding of available options, every inventor can unlock the potential to protect and profit from their innovative creations. GNOVELTY stands as a partner in this journey, offering clarity, accessibility, and expertise to those ready to embark on the path of invention protection.

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