Is a Temporary Patent Right For Your Invention?

If you’re not yet ready to apply for a patent or lack the necessary information, temporary patents could be an ideal alternative. They cost less than utility patents and can be processed much more quickly.

Since June 8, 1995, the USPTO has offered provisional patent applications at no cost to inventors in America and parity with foreign applicants under GATT Uruguay Round Agreements.


A temporary patent can be an excellent way to gain entry and avoid the high costs associated with a utility application. However, the cost of obtaining this type of patent will depend on your invention and individual circumstances.

The primary cost of a temporary patent is the filing fee, but it also includes legal fees and preparation. Furthermore, you must pay for an extensive worldwide patent search to complete the process.

There may be additional expenses associated with your patent, such as an issue fee once granted and maintenance fees at 4, 8, and 12-year intervals following its issuance. Together these fees could add several thousand dollars onto the cost of a temporary patent over its lifespan.

Inventors often opt for a provisional patent, which grants them protection on their invention for one year. This gives them time to assess its worth and decide whether or not they want to proceed with the full process.

This can be especially advantageous for high-tech inventions and products that could become popular in the future. Inventors can show their ideas off to potential investors, providing them with additional funds for technological development.

For small entities, a provisional patent will cost around $125; this is much cheaper than the upfront expenses associated with non-provisional patents.

If your company is large, the filing fee will be $280. This fee covers the time necessary to examine three independent claims and twenty total claims.

When extending your patent for another year or two, additional fees will apply. These expenses will depend on the size of your business.

The cost of a temporary patent will depend on the type of invention and complexity. For the best solution for your individual situation, consult with an expert before making any decisions.

The cost of a temporary patent can range anywhere from $2,000 to more than $17,000, depending on the invention and your individual needs. The primary factor affecting price is the time and resources necessary for preparation and filing a permanent patent application.


When seeking patent protection for your invention, there are several elements to consider: type of patent, application process and associated costs.

Obtaining the appropriate patent for your technology is often the difference between success and failure. A knowledgeable patent attorney can assist in determining what level of protection is necessary for success, offering a tailored plan tailored to meet individual requirements.

One of the most essential factors to consider is your budget. While filing a patent can seem expensive at first glance, there are ways to reduce or completely avoid those expenses.

A competent patent attorney can help you identify the most advantageous course of action and guarantee that all costs are clearly and predictably stated from the outset.

A patent can give your business a strategic edge over its rivals. An experienced attorney can assist in every step of the process, from filing for the correct patent to negotiating a licensing deal. With the correct patent in hand, you’ll be well on your way to making the most of this newfound intellectual property.

It’s no secret that the USPTO can be a formidable obstacle when it comes to patenting your intellectual property. This can be especially true if you are trying to safeguard an emerging technological innovation from being duplicated by competitors. A well-crafted patent may require significant investment, but its benefits in terms of long-lasting intellectual property protection will be worthwhile in years to come. As the patent industry rapidly evolves, working with experienced personnel is key in order to keep innovations fresh and safe. With patents being one of the fastest growing segments in America’s economy, staying ahead of this sector is essential for your business success.

Prior art

Prior art refers to any existing information which could influence an invention, such as patents, scientific theses and industrial know-how.

In the United States, prior art plays a crucial role in determining whether an invention possesses novelty and non-obviousness. This determination involves reviewing the subject matter of an invention based on existing knowledge in its field at the time it was invented.

Before filing a patent application, many patent applicants conduct a prior art search. This can be an extensive and time-consuming task that necessitates searching through relevant prior art documents.

Searches can be an invaluable asset for inventors, as they help determine whether or not their invention is novel and non-obvious. Furthermore, searching can assist inventors in refining their invention and patent application so that it has a higher chance of being granted.

In addition to patents, prior art can include other publications uncovered during a prior art search such as technical reports and scientific papers. While these documents are typically not classified as patents, they can have an immense effect on the prosecution of an invention.

A temporary patent can be an invaluable weapon in the fight against prior art challenges. In some instances, it may even help disprove prior art that is invalid or ineligible for patent protection.

Prior art can include a variety of materials, such as patents and pre-grant publications, public demonstrations and uses, sales figures, and private use. It may also include confidential information like trade secrets.

For instance, if an inventor had kept their invention secret and then it was revealed to the public, this can be considered prior art and disqualify his invention.

Additionally, if an inventor kept their invention secret and then sold it to someone who patented it, this may disqualify his invention.

Therefore, someone can obtain exclusive rights to an invention for the duration of a patent – provided it is not already in existence. While this can be challenging, with the correct tools and guidance from an experienced attorney, you can ensure your invention does not infringe upon any prior art.


Your company’s success depends on whether or not your invention receives patent protection. That is why it is critical to have a solid grasp on the patentability of your concept.

No matter the invention, it’s essential to protect your ideas before sharing them with the world. Doing this will guarantee that others cannot use or sell your invention without your authorization.

One effective way to safeguard your ideas is filing a provisional patent application. This expeditious method requires less effort and expense than filing for non-provisional patent protection, but offers temporary security for your invention.

When crafting your specification, it is essential that you convey your invention clearly and concisely. After all, this document will serve as the foundation for any infringement or validity arguments brought forth.

Many inventors tend to overstate their inventions, which can limit them from realizing the full potential of their creations. This is especially true when a hasty filing date causes them to overlook certain details that could later prove essential in overturning prior art.

Furthermore, if you neglect to include details that could serve as a potential fallback position in case of future infringement or rejections, you could potentially forfeit valuable amendments during prosecution.

That is why it is wise to file a provisional patent application before beginning actual development of your product or invention. Doing so will create an extensive foundation for claiming priority to your invention, which can then be protected through full patent applications.

Another way to guarantee you have a wide base is to file multiple provisional applications. Doing this allows you to incorporate various versions and aspects of your invention into one application, which could be advantageous when trying to expand your patent rights.

The provisional patent application offers the final advantage of serving as a temporary placeholder while you complete and submit your non-provisional patent application. This can be an advantageous option since it costs less than filing for full patent protection and gives you an early filing date.