In the United States, a patent properly filed with the United States Patent and Trademark Office (PTO) allows an inventor a period in which to exclusively sell an invention. Patent applications are either provisional or non-provisional. A provisional patent is easier and less expensive to apply for than a non-provisional patent, but is only valid for 12 months after the date of filing. During that time, the invention may be sold, labeled as "Patent Pending," and the invention's commercial viability evaluated. At the end of the 12-month period, the patent must either be abandoned or a non-provisional application filed. A successful non-provisional application grants the inventor an additional 20 years of exclusivity in which to sell the invention.

On the Other: Temporary Protection

Although an invention may be sold with some protection once a provisional application is filed, the protected period of time is only 12 months. A non-provisional patent is required to protect the invention beyond that period of time. Filing a non-provisional patent application is complex and the assistance of a qualified patent attorney is recommended, which adds considerable cost to the process. It may take up to three years for the PTO to rule on whether a non-provisional application will be granted.

Bottom Line

A provisional patent is an excellent way to gauge an invention's potential profitability in a lower cost, simplified manner. However, a provisional patent is a temporary measure and the longer term protection of a non-provisional patent is needed to protect the invention beyond the initial 12-month period.

Source:

U.S. Patent and Trademark Office: Provisional Patents

U.S. Patent and Trademark Office: Patent Process

Inventor's Handbook: Patent Application