PAP Vs RPA Patent
There seems to be a lot of confusion surrounding the differences between the provisional patent application and the actual patent application. Most of the perplexity is generated by people who have no patenting background but are willing to offer advice when asked about the subject. 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 of bringing an invention to the attention of the United States Patent and Trademark Office (USPTO). The inventor or author of the invention, using some standard forms, can obtain a date of conception of the invention from him through the PAP. This date of conception 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 they first dreamed of the creation.
The PAP was created for the sole purpose of saving an inventor’s money. The PAP is approximately 10 times less expensive than a full RPA, without considering the fees owed to an attorney, if one is used. Patenting is expensive and takes a long time. Most applications are never completed by the inventor and the USPTO knows this. Unfortunately, the time required to see a patent from its early stages of infancy to maturity is more than most people are willing to bear.
Once the USPTO receives the PPA, the USPTO will acknowledge receipt and file it on file. Even though the invention referenced in the application now carries the coveted “patent pending” verbiage, 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 little 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 maintain the same conception date as the provisional application. Otherwise, the date 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 his invention will determine what type of application works for his situation. The confusion was cleared up.