There seems to be a lot of confusion surrounding the differences between the provisional patent application and the actual patent application. Most of the puzzlement is generated by people who have no patent experience but are willing to offer advice when asked about it. Let me give you a brief definition of each and how they are interrelated.
A Provisional Patent Application (PAP), also known as a PPA, is a way to bring an invention to the attention of the United States Patent and Trademark Office (USPTO). The inventor or author of the invention, using standard forms, can obtain a date of conception of the invention from him through the PAP. This conception date is very important and should not be underestimated. This is the date that defines when the invention was first conceived. Ownership will be awarded to a person who can prove that he first dreamed of creation.
The PAP was created for the sole purpose of saving an inventor money. The PAP is about 10 times less expensive than a full RPA, not considering the fees due to an attorney, if one is used. Patenting is expensive and time consuming. Most applications are never completed by the inventor and the USPTO knows it. Unfortunately, the time required to see a patent from its earliest stages of infancy to maturity is more than most people are willing to bear.
Once the PPA is received by the USPTO, the USPTO will acknowledge receipt and file it. Even though the invention referenced in the application now carries the coveted verbiage “patent pending”, nothing else is done. Once the application is filed, the inventor has exactly one year to complete an RPA or lose the right to do so.
RPA is very similar to PPA. The only differences are that RPA contains a bit more data and is more expensive. When the USPTO acknowledges receipt of these types of applications, a patent examiner is assigned to the file and the wait begins. Under perfect conditions, the patent application process can take up to six years to complete! The completion could be a patent granted or denied.
The part that is most confusing is that the PPA can be converted to an RPA by filling out a specific form. Note that the PPA would have had to include all the information required by an RPA. This allows the inventor to keep the same conception date as the provisional application. Otherwise, the date on which the USPTO acknowledges receipt of the RPA will be considered the date of conception.
In conclusion, the two differences between the PAP and the RPA are the cost and the assignment of the patent application to an examiner. The inventor’s perception of your invention will determine what type of application works for his situation. The confusion cleared up.