How to file a non-provisional patent application

A non-provisional patent application is the formal request for a patent grant. Unlike a provisional application (which provides only 12 months of protection), this process leads the patent office to grant a patent with enforceable rights after examination and approval by the patent office.

Here’s how to file a non-provisional patent application:

  1. Ensure your invention is patentable
    It must be novel, non-obvious, and industrially applicable. Run a prior art search or consult a patent attorney to evaluate your invention.
  2. Prepare the required documents
    Each patent office has specific formatting and content rules, check the relevant guidelines on the site of your jurisdiction.
  3. Draft precise claims
    This is the most important part of the application. It defines the boundaries of your legal protection. Many inventors work with professionals at this stage.
  4. File the application with the patent office
    Submit online through your jurisdiction’s patent authority (e.g., USPTO, EPO). Pay the relevant patent filing fees, which vary depending on entity size and region.
  5. Undergo patent examination
    A patent examiner reviews your application. You may receive office actions requiring you to clarify or amend claims, this phase is called patent prosecution. The majority of countries also charge examination fees.
  6. Wait for a decision
    If your application meets all criteria, the patent office grants your patent. After grant, you must pay patent renewal fees to maintain protection.


Before moving to a non-provisional filing, many inventors start with a provisional patent application, a simpler and more affordable way to secure an early filing date without formal claims.

How to File a Non-Provisional Patent Application in the US?

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