Is a Provisional Patent Price Right For You?
If you are on a tight budget and looking for ways to secure patent protection for your idea, a provisional application might be the ideal option. The cost of a provisional patent is lower than non-provisional applications, which means saving money in the long run.
However, a provisional patent does not grant you full protection. To receive a full patent, you must file for non-provisional application.
Cost of filing a provisional patent application
Provisional patent applications offer a low-cost solution for first-time inventors. Furthermore, they provide an extended time period during which an inventor can continue working on their invention and/or refine it further. Unfortunately, provisional patents do not provide full protection like utility patents do. Ultimately, whether filing for a provisional patent makes financial sense depends on your resources and readiness to file for a utility patent.
Filing a provisional application may be less expensive than filing non-provisional, but it still necessitates extensive research and drafting. Furthermore, the information in the provisional application must be complete and accurate to guarantee it meets all USPTO requirements.
The cost of preparing and filing a provisional patent depends on the complexity of the invention. A more intricate invention, such as software patent, requires more research and drafting than an ordinary provisional application.
Attorneys typically charge between $1,500 and $3,000 to prepare a provisional patent. This fee covers the time spent conducting a patent search and communicating with you about your invention.
Furthermore, you must pay USPTO fees. These include filing and examination fees as well as patent post allowance fees.
Micro entities can benefit from a 75% reduction in certain USPTO fees. Furthermore, micro entities are eligible for a provisional utility patent which costs only $70.
Another advantage of a provisional patent is the flexibility it grants you to make changes and corrections to your patent before it’s officially filed with the United States Patent and Trademark Office (USPTO). As long as these corrections are made within the time limit specified by the USPTO, these revisions will be included in your final patent document.
Additionally, filing for a provisional patent application can give your invention an early priority date and may be beneficial if you plan to seek international patent protection.
Cost of filing a non-provisional patent application
The cost of filing a non-provisional patent application varies based on several factors, such as the type of patent being filed and attorney fees for preparation of the application.
Attorneys typically bill hourly for their services when drafting a patent application. Depending on the complexity of the case, an average attorney may charge between $7,000 and $14,000.
Though the USPTO’s fee schedules can be complex and do not always accurately reflect all costs associated with prepping and filing patent applications, an experienced attorney can help you understand what to expect in terms of filing fees, legal bills, and attorneys’ fees.
On average, non-provisional patent drafting costs are around $2,000. These fees include planning and preparing the application, communication with the USPTO, as well as filing it.
However, these fees may also include a late surcharge of $160 for filing, search and examination fees paid after the application filing date.
For instance, if you file your patent application online through Patent Center and pay the required filing, search, and examination fees after the patent application filing date, then the USPTO will impose a late surcharge of $160 for small entities (approximately $64 for micro entities) and $32 for large entities (approximately $130). This surcharge will be deducted from applicant’s filing fees which are typically lower than those for an ordinary patent.
Other costs to consider include attorney’s fees for drafting the patent application and an issue fee that issues the patent. This fee can range anywhere from around $800 for small entities up to around $12,000 for large ones.
When considering hiring a patent attorney, it’s essential to discuss the details of your invention and desired levels of protection. A knowledgeable patent attorney can offer guidance on the most suitable strategy for safeguarding your idea.
A patent application may seem expensive, but it’s an essential step in safeguarding your invention. With careful planning, however, the cost of a patent application can actually be seen as an investment that offers long-term security for your creation.
Cost of preparing a provisional patent application
The cost of preparing a provisional patent application varies based on several factors, including the type of invention and whether it is either a design or utility patent. Furthermore, the complexity of the patent and fees charged by the attorney will contribute to the final cost.
A basic provisional patent application should be two pages in length and include an accurate description of your invention as well as any other relevant information. It should be written clearly and concisely so that the examiner can easily comprehend your concept. Furthermore, make sure all drawings accompanying your application are included in this description.
An accurate product description is essential for the successful filing of your provisional patent application. This should include product specifications such as dimensions and any other pertinent info, along with any shop drawings or abstracts included with the application.
Inventors often utilize provisional patent applications to secure their inventions and bring them to market. However, these applications should be meticulously prepared in order for the inventor to receive full protection.
A properly written provisional patent application can protect an applicant from financial loss in the event that another company or inventor attempts to create a similar product. Furthermore, it gives inventors time to assess their inventions and decide whether investing in non-provisional applications is worth spending the money for.
Many applicants opt to prepare their provisional patent applications by themselves, but hiring a licensed attorney is usually the best course of action when it comes to safeguarding an invention. An attorney can guarantee that a provisional patent application is thorough and shields applicants from any mistakes which could negatively impact their chances of receiving a patent.
An inventor should budget around $2,000 for the preparation of a provisional patent application. While this fee is usually lower than that for drafting and filing a standard patent application, the exact amount charged may differ depending on the complexity of the invention.
Within one year of filing the provisional patent application, a full non-provisional patent application should be ready. This allows inventors to add additional claims and broaden the scope of their invention. Furthermore, this step saves time and money since there is no need for an examiner to review and examine a new invention.
Cost of preparing a non-provisional patent application
When it comes to non-provisional patent applications, cost is one of the key elements. One important consideration is what type of invention will be protected; a utility patent covers an original idea, process or method while a design patent focuses on aesthetics and visual aspects of an item.
In general, utility patent applications tend to be costlier than design patent applications. This is because a utility patent application contains more detailed and specific claims that must be prepared by an experienced attorney and then examined by the United States Patent and Trademark Office (USPTO).
The USPTO considers filing a non-provisional patent application to be the initial step in obtaining a patent, so it is essential to do so first.
Another factor that may influence the cost of preparing a non-provisional application is the complexity of the invention. The more intricate an invention, the higher its complexity and, consequently, higher preparation fees for this type of patent application.
Additionally, the number of prior art innovations that must be considered affects this cost. If there are many patents and published applications related to your invention, then more effort will need to be put in by your patent attorney.
For instance, if there are numerous existing products using a similar manufacturing process, research and effort must be put into determining whether your invention can be patented.
Additionally, if there are multiple variations of your invention, make sure all versions are included in the provisional patent application. Doing this will allow you to claim priority over the widest possible range of inventions.
Finally, if you plan on selling or licensing your invention, it is essential that the rights to it are granted as quickly as possible. Doing this will protect those rights from other companies trying to take advantage of the one-year priority window.