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3.1 – Non-Provisional Patents (Utility Patent)

Patent Bar Non-Provisional Utility Applications

Patent Bar Non-Provisional Utility Applications

What is a Non-Provisional Patent Application?

The non-provisional patent application is what most people think of when the someone mentions the term patent, and is the most common application type received by the USPTO.  A Non-Provisional patent is for the protection of the utility of an invention unlike a design patent.  The non-provisional patent can be a converted provisional patent application or it can be a completely new filing.  Unlike provisional patent applications a non-provisional patent application does not expire after 12 months.  The patent term for a Non-Provisional application is 20 years.

What is required when filing a Non-Provisional Application?

Each document submitted to the USPTO in a Non-Provisional Patent Application must be in the English language, or accompanied with a translation with a statement that the translation is correct.

The components of the application should include: Transmittal form or letter, appropriate fees, application data sheet, specification, at least one claim, drawings (if necessary), executed oath or declaration, nucleotide and/or amino acid sequence listing and a large table or computer listing.

How does one file a Non-Provisional Patent Application with the USPTO?

A Non-Provisional Application can be filed through U.S. mail or hand delivered.  Additionally the electronic filing system (EFS-Web) service can be used.  It is recommended that the EFS system be used by the USPTO.  Additional fees of $400 are incurred if any filing method other than the EFS-Web service is used.

To Recap:

A Non-Provisional Patent Application is the most common application received by the USPTO.  It will lead to the Utility Patent which protects an invention for it’s utility and not its ornamental design.