Cost to File Provisional Patent Application

The cost to file a provisional patent application varies based on several factors, such as the invention’s complexity, whether you are self-preparing or hiring an attorney, and more.

The United States Patent and Trademark Office offers this type of patent to inventors at a lower cost than non-provisional ones. Furthermore, the fee is lower than for non-provisional patents.


If you have an innovative product and think it could be useful, filing for a provisional patent application could be the right move. This type of application is less expensive than filing for full patent protection and allows you to test out the marketability of your invention before investing in full patent protection.

This process is also an excellent opportunity to gain more knowledge about the patent application process before hiring a lawyer. There are plenty of books that provide comprehensive explanations of each step in detail and could prove particularly helpful to those who have never filed a patent before.

Filing a provisional patent requires an accurate description of your invention. This should include all product specifications, including any shop drawings or abstracts. Accurate details about your invention will ensure subsequent applications are valid and legal.

Additionally, including a cover sheet that clearly describes your invention is essential. This data helps the USPTO comprehend the nature of your innovation and assess if it is new and non-obvious.

Furthermore, it’s essential to make sure your invention satisfies the best mode and enablement requirements of a patent application. Doing so ensures that your invention will be recognized as “new and non-obvious” for the purposes of obtaining patent protection.

The final step to filing a provisional patent is submitting your invention with the required fees. These can range from as little as $800 for small entities.

The cost to file for a provisional patent depends on several factors, including the quality of your application and how much research has been done before filing. Generally speaking, hiring a patent attorney makes more financial sense if your invention will generate substantial profits.

Attorney Fees

The cost to file for a provisional patent can vary, depending on your budget and the invention being protected. The primary expenses involved with filing include attorney fees, USPTO filing fees, search and examination charges, as well as other associated charges.

Provisional patents are a type of patent application that allows inventors to secure a filing date at less cost than the price of a utility patent. Nonetheless, these patents will only mature into issued patents once an inventor files non-provisional application within 12 months after filing.

The United States Patent and Trademark Office offers this type of patent to give inventors a more affordable way to file in the U.S., providing parity with foreign applicants.

When filing a provisional patent, having an experienced patent attorney by your side is highly recommended. They can guarantee your patent application is well-drafted and may increase the chances of receiving protection through patenting.

An attorney may be able to reduce the number of claims in your provisional patent by having them discussed with the examiner prior to filing. This will facilitate an easier examination process, faster prosecution, and potentially lower excess-claims fees.

An experienced patent attorney can save you both time and money in the long run by preparing your provisional patent. Additionally, it makes the process smoother and more successful if you are trying to secure a patent for an innovative idea worth millions of dollars.

A patent attorney will take the time to explain what needs to be done to get your invention patented and how to do it legally. They also assist you in deciding what kind of patent is most suitable for you and your invention.

Large Entity Fees

Provisional patents are a fast and economical way to secure your idea before filing for a utility patent application. They’re perfect for inventors who lack the funds to hire an attorney but still require timely patent filing.

Inventors who file patent applications with the United States Patent and Trademark Office (USPTO) as either a “small entity” or a “micro entity” may qualify for reduced fees of 50% on average over standard filing costs. This equates to significant cost-savings over time when applicants file multiple patent applications with the USPTO.

Many inventors and businesses claim small entity status by evaluating their business to see if it has fewer than 500 employees. Although this rule can be an expeditious way to disqualify larger entities from reduced fees, it may not always be the most reliable method for confirming eligibility for your business.

Regulations concerning employee counts are complex and constantly changing. Furthermore, your company’s parent, subsidiary companies and any affiliated firms may all have employees that count towards the 500 limit.

Therefore, it’s essential to review all your records and pay close attention to how many employees your business had over a year. This is especially pertinent if you’re just starting out as income can vary drastically from year to year.

If you’re uncertain how to assess your business for small entity status, consulting a patent attorney is recommended. They can assist in determining if the entity meets the criteria and providing verification that this has been granted.

Request for Refund

A provisional patent is a legal document that grants inventors an early filing date for their invention. Unfortunately, these patents only last 12 months and must then be followed by a nonprovisional patent application to extend its protection beyond this time.

In the United States, a provisional patent can be acquired for US$260 for large entities and US$130 for small ones. The filing fee must be paid in full at time of filing.

Australia: Filing a provisional application costs an additional AU$110 and must be done electronically; further fees of $100 apply if not paid within two months from filing. However, if the fee isn’t received by DPMA within three months from filing date, then the application is deemed abandoned and another fees due notice is sent to the applicant.

If an application is filed after filing a provisional application, the fee can be refunded. This provides an invaluable opportunity to determine whether your invention is patentable before investing both time and money in preparing and filing a non-provisional application.

Requests for refunds to file a provisional patent should be made in writing. Your letter should include basic information about the transaction, explain why you want a refund, and include your contact details.

Letters should also include a deadline for the business to respond. If they don’t, legal action may be taken against them.

If you need assistance writing a refund request letter, our template can be downloaded here. Customize it according to your needs and use it as evidence in future legal proceedings.

Additional Fees

In addition to attorney fees associated with filing a provisional patent, you will also have to pay additional fees to the USPTO and other parties. For instance, maintenance fees must be paid at years 3.5, 7.5, and 11.5 of your patent’s lifecycle.

Fees for patent application vary according to the type, but tend to be higher than non-provisional fees. Furthermore, fees increase when filing an extra claim with your utility patent application.

Extra fees can be a significant burden, particularly if your product or idea is complex and requires extensive documentation. As a result, some inventors opt to forgo the provisional patent application altogether and file for a full non-provisional patent immediately after filing.

But the main issue with this strategy is that it may give you a false sense of security about your priority for a patent. Your patent attorney must verify your description is comprehensive and well-written in order to guarantee you receive the priority you are due.

That is why it is critical to collaborate with an experienced lawyer who will ensure your invention is protected by a patent. Without one, you could forfeit the priority you’ve worked so hard for.

Another drawback of a provisional patent is that it does not undergo the same scrutiny as non-provisional applications. This could leave inventors leaving out important details and features which could enable someone else to obtain patent protection on them.

To reduce these expenses, have a qualified lawyer draft a non-provisional patent application that includes all your inventions. This will give you the security from other companies while you refine and market your product.