Provisional Patent Applications (U.S.)

Kevin Prince Registered Patent Agent Turn off video auto-start for entire site.   Sample Utility Patent   Hard-Copy Order Form

A provisional patent is basically a 1-year reservation for your utility application. It looks the same, with just a few differences, and can serve as a "priority application" to a regular utility patent application filed within 12 months. The filing fees to the PTO are lower, and generally the provisional application can be filed more quickly and less expensively, yet still provides the inventor with the ability to legally claim "patent pending" on the invention. See the more detailed discussion that further explains the differences between a provisional and a regular, non-provisional (utility) patent. Benefits and Drawbacks of Provisional Patents (vs. Non-Provisional Utility Patents) Benefits Drawbacks Less Expensive to File Does not, by itself, provide any protection Allows 12 months to perfect the invention design Delays PTO Examination (until Utility Ap. is filed) Allows inventor to claim "Patent Pending" Starts the 1-year timer for most foreign patents   Not usually attractive, by itself, to potential licensees All Provisional Patent Applications include: Full Claims and Detailed Description (with limited summary, abstract, and background) Preparation of any sketches or informal drawings Any application paperwork that is required Drawings optional (add'l $100 per sheet if formal drawings are desired) What will be the total cost of filing this provisional patent, including all PTO fees and everything else? What is the difference between a provisional patent vs a utility patent? Two Types of Provisional Patent Applications available: "COMBO" Provisional and Non-Provisional: the Provisional is filed at the PTO, and you're officially "Patent Pending," within a week. This is then followed-up with the non-provisional regular utility patent at the standard speed of 5+ weeks. Provisional Patent at the standard speed of 5+ weeks. To get started, complete the form below. Alternately, you may fax or mail this hard-copy order form with sketches, patent search results or copies of prior art patents, payment, and any other necessary information. Please note that utility patents typically take five+ to file after payment has been received, and may take longer if there is a waiting list. We will advise you of an anticipated filing date upon receipt of your order. Please tell us about yourself: * First Name:  * Last Name: Company or Firm: * Residential Address:   * City: * State: * Zip: Phone Numbers: * Daytime: Extension: Fax: Cellular: Home: Other: * Email: US Citizen?: Yes No... (if not, indicate citizenship: ) Number of Inventors: (please email us with above info for each add'l inventor) Please tell us about this particular invention: Note: Please email or fax us additional details, sketches, etc. as necessary. For a signed Non-disclosure agreement,visit our NDA page before completing this form. * Invention Title: * General Description of the Invention: What specifically is new about the invention, in comparison to the prior art?: Please list the most relevant prior art patents (if we did not conduct your patent search), and any relevant products in the marketplace: What features do you consider to be the core features of the invention?: What features do you consider to be optional or secondary to the invention?: Sketches, photos, prototypes: will be emailed will be mailed will be mailed with prototype will be faxed sent previously please return all items sent Patent Drawings: Formal drawings are priced at $100/sheet for utility patents. Typically two or three are needed. Please prepare formal drawings I will complete drawings myself Special Circumstances: I plan on filing foreign patents Prior related patents apply Government assistance was used (grant money, etc.) At least one inventor is over the age of 65 or has a terminal disease Do not publish at 18 months (no plan to file foreign patents) You are a "small entity" (any small business concern as defined under section 3 of the Small Business Act, and to any independent inventor or nonprofit organization as defined in regulations issued by the Director) * Communication: The secrecy of your invention and the details of your patent are important to us. While we prefer to communicate with you via email for ease and speed, we are also aware that many clients prefer to communicate by other, possibly more secure but more time-consuming means. As such, please let us know the way you would prefer that we communicate with you, send you drafts of your claims and specification, and so forth. (Note that if you check anything other than 'email' below, you really should print our hard-copy form and either fax or mail it to us, instead of submitting an on-line form like this one!) Email Fax Priority Mail * Total Amount Due: $1,404.00 Provisional Application Standard Five+ Week Service: $999 for application preparation fee $105 USPTO Filing Fee plus $300 for three sheets of formal drawings (deposit). $3,835.00 COMBO RUSH Provisional & Regular Utility Patent Applications: $2,995 Combo Application Fee. Provisional application filed within one week, then followed-up with regular utility patent at standard speed of five+ weeks. $540 USPTO filing fees ($105 for Provisional and $435 for non-provisional) $300 for three sheets of formal drawings (deposit). I will send a check or money order by mail I will use Visa/MC by PayPal Misc. Info: You have the obligation to the US Patent & Trademark Office to fully disclose any non-patented prior art. Also, if you sold or offered the invention for sale more than one year ago, your patent rights may be reduced. Please provide any information that may limit your patent rights or otherwise affect the strength of the application below, or any other pertinent information or concerns that we should know about. How did you find our website?: Important Notice: In order to qualify for patent protection in the U.S., your invention must be new, useful, and non-obvious in light of all other prior art inventions. If it would be obvious to “one skilled in the art” or field of your invention, you may not ultimately receive a patent.  Please be sure you understand the level of novelty of your device before assuming that merely by applying for a patent you will ultimately receive one.  Patent Searches, if done through us or elsewhere, are never 100% complete, so there is always some risk that a patent search will have missed a relevant reference.  Further, a patent application in the U.S. must be filed no later than one year after the invention is first used in public, offered for sale, or described in a printed publication. “File as early as possible” is usually good advice. Unless a U.S. patent is filed before public disclosure, you may be precluded from later filing a foreign patent. Each country has its own patent laws and filing requirements.  You should make us aware of any potential public use or offer for sale of your invention beforehand so we can advise you as to the potential ramifications of public disclosure.  Completion times quoted are estimates only, and unless RUSH service is requested an paid for your application may be delayed by other RUSH jobs or other delays. Please advise us if you are close to a filing or other statutory deadline, as meeting any such deadline remains your responsibility. Merely submitting this form does not form a client/attorney or client/agent relationship. * Do you agree to these terms? Yes No   Further Discussion About Provisional Patents Provisional patents have some advantages, yet also some disadvantages. Please review the chart above for a summary. If you are seeking to license your invention to a manufacturer, provisional patents tend not to be "too exciting" to potential licensees, simply because there is no guarantee that the provisional patent will ever become a granted utility patent. Likewise, even a pending non-provisional patent is of unknown value until the Examiner has responded, giving you an idea of how strong your utility patent is likely to be. Nevertheless, those with limited funds find provisional applications much more affordable, regardless of the delay it will cause in the examination of the application. Those seeking to license a product quickly should find a way to file an application and make the application special. We can help you determine which course of action is best in your circumstance. Please contact us for more information.