We use cookies to improve security, personalize the user experience,
enhance our marketing activities (including cooperating with our marketing partners) and for other
business use.
Click "here" to read our Cookie Policy.
By clicking "Accept" you agree to the use of cookies. Read less
The Legal Definition and Importance of Nonprovisional Application [Patents]
Definition & Meaning
A nonprovisional application is a formal request for a patent filed with the United States Patent and Trademark Office (USPTO). It is distinct from a provisional application, which is a temporary measure. A nonprovisional application must comply with specific legal requirements outlined in 35 U.S.C. 111(a) and can either be filed directly or enter the national stage from an international application under 35 U.S.C. 371. This application is essential for obtaining a patent, as it provides a complete description of the invention and claims the rights to it.
Table of content
Legal Use & context
Nonprovisional applications are crucial in patent law, as they initiate the process of securing patent rights. They are often used in various legal contexts, particularly in intellectual property law. Individuals and businesses seeking to protect their inventions or innovations typically file nonprovisional applications. Users can manage the filing process themselves using legal templates from US Legal Forms, which provide guidance on the necessary documentation and procedures.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: An inventor creates a new type of solar panel and files a nonprovisional application to secure patent rights, detailing the technology and its applications.
Example 2: A company develops a novel software application and submits a nonprovisional application after initially filing a provisional application to establish an early filing date. (hypothetical example)
Relevant laws & statutes
The primary statute governing nonprovisional applications is 35 U.S.C. 111, which outlines the requirements for filing a patent application in the United States. Additionally, 35 U.S.C. 371 details the process for entering the national stage from an international application.
Comparison with related terms
Term
Definition
Key Differences
Provisional Application
A temporary patent application that establishes an early filing date.
Nonprovisional applications require a complete description and claims, while provisional applications do not.
Patent
A legal right granted for an invention, giving the patent holder exclusive rights to use, sell, or license the invention.
A nonprovisional application is a step towards obtaining a patent but is not a patent itself.
Common misunderstandings
What to do if this term applies to you
If you have an invention you want to protect, consider filing a nonprovisional application with the USPTO. You can use templates from US Legal Forms to help you prepare the necessary documents. If you're unsure about the process or need assistance, consulting with a patent attorney may be beneficial.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.
Varies based on the type of application and entity size.
Jurisdiction
United States Patent and Trademark Office (USPTO).
Examination Time
Typically takes 18 months to 3 years.
Key takeaways
Frequently asked questions
A provisional application is a temporary measure that does not require claims, while a nonprovisional application is a formal request that must include claims and a complete description.
The examination process can take anywhere from 18 months to 3 years, depending on various factors.
Yes, individuals can file a nonprovisional application without an attorney, but it is recommended to seek professional help to ensure compliance with all requirements.