The Benefits of a Provisional Design Patent

Provisional patent applications can be an invaluable tool in the process of protecting your invention. While they do not replace non-provisional patents, they provide you with a chance to evaluate your idea and assess its commercial potential before investing heavily in obtaining a non-provisional patent.


The costs associated with a provisional design patent depend on several factors, including the type of patent and intellectual property being protected. Furthermore, you have two choices: file it yourself or hire an attorney to handle the process for you.

Provisional design patent applications can range in cost from $140 to $280 per application, depending on the size of your entity. Individuals typically pay lower fees than businesses with more than 500 employees, providing a significant advantage to smaller business owners looking to secure a patent.

Design patents do not require maintenance fees, making them a great option for those seeking to protect the aesthetics of their inventions without sacrificing other protections.

Provisional design patents do not grant full patent rights, but they can still protect your invention for 12 months while you wait for an official patent to be issued. This provides time to perfect your product and formulate a strategy for the future of your company.

For further assistance with obtaining a provisional design patent, reach out to an experienced patent specialist. They can assess your needs and present you with various solutions tailored to fit your circumstances.

To obtain a design patent, attorneys’ fees for both drafting and filing as well as governmental filing fees must be covered. Typically, the total cost of obtaining one design patent ranges between $1,500 and $3,000.

Design patents do not require maintenance fees, but they must be registered with the USPTO. This can add an additional $2000-$3000 to the process; however, this investment could prove valuable if another inventor contests your registration.

The final stage of the patent process is prosecution, which involves submitting an application to the USPTO and consulting with examiners to confirm if your claim is valid. As this can be a time-consuming and complex step, it’s best to hire an experienced attorney for assistance with this stage.


Provisional design patents are an ideal way for inventors to jumpstart the patent process and protect their intellectual property. It’s often more cost-effective than filing for a utility patent application, plus you have time to test out the market before investing in a formal application.

When drafting your provisional application, the first thing to consider is the content of your disclosure. Be as specific and comprehensive as possible when providing written descriptions, drawings, and any other pertinent data. Furthermore, provide as many alternatives for achieving similar outcomes as possible.

This step is essential, as not doing so could cause a delay in the processing of your patent application. Furthermore, if you don’t take care, your provisional application may be considered inadequate and you could lose out on an earlier filing date when filing non-provisional patent applications.

When crafting your provisional application, it is essential to consider the timeline for the patent process. This will depend on when your invention is ready for market and your own cash flow.

When having a patent attorney draft your provisional application, the process typically takes around one month to complete. After that, any associated fees or costs must be paid and filed. For patents that cover more complex inventions, having an experienced professional assist you throughout the process is recommended.

Once your provisional application is ready, submit it to the United States Patent and Trademark Office (USPTO). There may be an additional fee associated with this step depending on what type of patent you require.

Once the USPTO receives your patent application, it typically takes 16 months to two years for an examiner to review it. Therefore, any delays in submission could defer examination and even result in losing your patent.

Ease of Litigation

A provisional design patent is an ideal starting point for your new invention, providing protection for up to one year from filing. Unfortunately, you cannot extend this time period unless you file for a non-provisional patent application within 12 months of filing.

Drawings are not required with your provisional application, but they can help explain and illustrate your invention. Furthermore, drawing additional information for patent examiners during prosecution could prove beneficial later on in the process.

Your written description of your invention is the most essential component of a provisional patent application, and should be sufficiently comprehensive that someone with ordinary skill in the field could make and use it based on the information provided. This is especially relevant if your idea involves multiple technologies or parts.

If you’re uncertain how to craft your provisional design patent application, consulting a patent attorney is recommended. They can assist in understanding what needs to be included and providing advice on structuring your application for maximum approval chances.

Once your application has been prepared, there are a few steps that can be taken to have it published and registered with the USPTO. These may include revising patent claims or altering your patent drawing files.

When looking into patents, it’s essential to determine which type is most suitable for your requirements. This decision will also have an impact on the cost of filing for a patent application.

Utility patents are intended to safeguard machines, methods or systems and often take more time and resources to draft and prosecute. On the other hand, design patents protect a product’s form and aesthetic.

In the United States, patent attorneys typically charge between $1,000 and $3,000 for a design patent. This cost includes attorneys’ fees for drafting and filing as well as any necessary governmental filing fee.

Provisional patents are an economical solution for inventors and business owners who want to safeguard their invention before investing thousands of dollars on a more comprehensive patent application. Nonetheless, research should always be done prior to filing for patent protection as this decision can significantly impact your future prospects.


Filing for a provisional design patent requires several requirements that must be fulfilled. These include an exhaustive specification satisfying 35 U.S.C. SS 112, along with drawings as necessary to explain the invention, as well as an identification cover sheet identifying the invention.

The USPTO offers a free online resource to assist with filing provisional design applications. Their website contains instructions, forms and FAQs as well as an attorney directory who practices before the PTO.

One important point to remember is that a provisional application does not grant patent applicants a priority date. It simply grants them a shorter period of protection for their idea.

This shorter period can be invaluable to inventors who need time to study their market or test out their product before investing in a full patent application. It also comes in handy if an inventor needs to protect their invention during an emergency.

Another advantage of a provisional application is that it offers inventors an affordable priority date for their invention while they and/or their attorney evaluate the market and/or identify any commercial products or technologies which might be pertinent to their invention. It’s essential, however, to guarantee that the specification in such an application meets all relevant modes and enablement requirements under 35 U.S.C. SS 112.

A provisional application should be written so that someone knowledgeable in the art can practice your invention. It must outline the best known mode for doing so, and include a drawing to illustrate it.

The drawing should be sufficiently precise so that it can be clearly seen without exerting too much effort. This requires that the drawing be highly legible, with as many specifics about each part of the invention as possible.

Finally, it is wise to fully describe the drawings and pictures in words. Doing so will serve as a stronger basis for non-provisional patent applications or continuations, as well as enable you to identify parts of your invention not included in the initial provisional patent application.