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What is a Provisional Patent?
A Provisional Application for a patent is a temporary US patent application that lasts for a year, which does not mature into an issued US patent (not examined by the USPTO) unless further steps are taken by the applicant within twelve (12) months of filing the provisional application. Once filed you are patent pending and free to disclose, market, and sell the invention during this time period. Such applications are designed to provide lower cost first patent filing by reducing the formal requirements, such as, not requiring formal drawings, claims, oath and declarations, or an information disclosure statement. However, if drafted properly (adequate technical written description and figures) the patent provisional application provides the inventor with an application priority date and “patent pending” status. Note a patent provisional must be converted to a non-provisional application within one year of the filing date to maintain priority based on the provisional filing. Failure to file the non-provisional could result in loss of US patent rights, including a complete bar to obtaining a patent. Patent applications for a provisional are NOT examined by an Examiner at the USPTO.
How much does a Provisional Patent cost?
US Provisional Application: Attorney time ~ $960-1200 to prep the US Patent Office filing forms and efile your written description and figure(s), plus ~$130 USPTO filing fee. We will draft an Abstract, Alternate Embodiment Clause, Broad Interpretation Clause & a First Patent Claim of your invention. Time to prep: 1 week. Retainer of ~$960 which may be a flat fee.
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