The Provisional Patent Application Fee
Provisional patent application fees are one of the earliest costs associated with obtaining a patent, providing twelve months protection at less cost than non-provisional applications.
The United States patent system fosters creativity by giving exclusive rights to inventors and disseminating technical data to spur subsequent innovation. In light of COVID-19 outbreak, USPTO is implementing a deferred-fee provisional patent application pilot program as an expeditious means of exchanging information about inventions designed to combat this virus.
Small entity fee
Provisional patent applications are an economical, short-term solution for filing a patent. They expire 12 months after filing and act as placeholders until your nonprovisional patent application has been completed and fees paid in order to issue it. Provisional patent applications can be especially useful for inventors who want to test the market for their inventions before investing in full-fledged nonprovisional applications.
The USPTO offers a reduced small entity fee for those eligible, such as independent inventors, businesses with fewer than 500 employees and nonprofit organizations established under Section 501(c)(3).
An applicant must meet the following criteria to qualify as a small entity: they must be the named inventor on no more than four applications already filed, have gross income below three times the median household income reported by the Bureau of Census, and not have an invention that has been licensed or assigned to a large entity. Furthermore, they must not have previously received either a patent for their invention nor royalties from it.
Small entity status allows applicants to save on many USPTO fees, such as patent search and examination charges and post allowance fees. These costs apply when applying for, issuing, or extending a patent.
Patent maintenance fees must be paid every 3.5, 7.5 and 11.5 years following the grant of your patent. These costs cover costs related to the patent office’s review of your invention as well as ongoing upkeep of its patent.
These costs can add up quickly if you do not have a large budget. To minimize your expenditures, it may be beneficial to consult with an attorney who specializes in this area.
Some attorneys offer discounted fees for small entities or micro-entities. On average, these firms charge $250 per hour for attorney services related to an application, plus a fee for preparing patent allowance papers and legal costs associated with a final examiner decision.
Large entity fee
A provisional patent application is the initial step in securing a utility patent. As with other types of patents, there are various fees associated with filing one; these include the base fee, examination fees and excess claims.
The basic examination fee covers the Examiner’s time to examine three independent claims and 20 total claims in detail. During this period, they will identify any non-patentable subject matter in the application. Any additional claims beyond those covered by this fee will incur a cost of $460.
During the examination process, an Examiner will assess your invention and determine if it is covered by a valid patent. This involves several steps and can take up to six months. During this time period, any necessary adjustments to your patent will also be made so it remains valid.
Once the patent examiner has verified that your invention is eligible for a valid patent, they will issue one within one month of filing your application or it could take up to two years.
In addition to the filing fee, a provisional patent application requires both a patent specification and claims. Hiring an attorney for assistance is recommended when completing these components of the process.
A patent lawyer can ensure your application is written accurately and meets all necessary standards. Furthermore, they can answer any queries you might have about the process.
However, keep in mind that a patent lawyer must charge professional fees for the preparation of your application. This includes researching the invention, writing it up, and filing with the USPTO.
Patent lawyer fees can be the most costly part of the process and they’re often difficult to predict, so it’s wise to hire an attorney with expertise in your type of invention for protection.
The USPTO is considering launching a pilot deferred-fee provisional patent application program, offering inventors an affordable way to secure one. The USPTO will accept certifications and requests for participation until November 16, 2020. This initiative seeks to foster technical exchange around inventions designed to combat COVID-19 – an emerging chemical additive that poses an existential risk to modern industries.
The provisional patent application fee can be an extensive cost. It covers all of the work that goes into filing your patent as well as some associated costs related to search and examination. That is why it’s critical to understand exactly what you are paying for before engaging a patent attorney for assistance.
Estimating the cost of filing for patent protection can help you decide whether or not it’s worth pursuing full coverage. This decision will depend on what invention you wish to safeguard and how long it takes for a patent to be issued.
Provisional patent applications are often the best solution for inventors who want to secure a priority date but lack the resources to file a non-provisional patent application. They grant you “patent pending” status and give you time to assess whether further investment in your invention is warranted.
When you have a great idea, it is essential that you secure it quickly. Delaying the process could land you in legal trouble or worse – losing the right to claim your invention.
That is why it is essential to submit your initial application on time. Otherwise, the USPTO could use your competitor’s invention against you and deny you the opportunity to obtain a patent.
To address this problem, the USPTO is launching a deferred-fee provisional patent application pilot program. This initiative offers inventors an economical and expeditious means of disclosing their inventions designed to combat COVID-19 while still safeguarding their rights as creators.
Are you an inventor and want to explore this newly available provisional patent application program in more depth? Reach out for a complimentary 20-minute screening session with one of our IP experts!
The United States has long been known for its ability to foster creative solutions to problems by giving inventors exclusive rights and disseminating technical data about their inventions. As such, the American patent system has long been regarded as an invaluable hub of free-flowing technical data among some of the world’s brightest minds.
The maintenance fee associated with a provisional patent application is just one of many costs involved in securing and safeguarding your invention. While filing a patent without legal counsel is possible, having experienced professionals on board increases the odds that your application will be filed correctly and on schedule.
A patent attorney typically carries out research and plans the application, creates paperwork, and ensures everything is filed on time. Furthermore, they guarantee your application meets all USPTO requirements.
Another thing to keep in mind is that patent lawyers must file maintenance fees at certain intervals during the life of a patent. Typically, these are paid three to five years, seven to ten, and eleven and one-half after grant of the patent.
Maintenance fees are essential in preserving your patent’s protection and validity throughout its duration. If you fail to pay these fees, your patent may be deemed lapsed or withdrawn and a new application must be filed in order to regain ownership of those rights.
Thankfully, the maintenance fee isn’t as expensive as some other patent-related expenses. It typically ranges between $800 and $1,800 for larger entities and $400-$800 for small or micro entities.
The great news is that if you’re in the process of filing for your first patent, fees associated with a provisional patent application likely won’t be an issue. In fact, they might even save you money in the long run.
As with any legal expense, the cost of a patent can vary significantly based on several factors such as the size and complexity of your invention. To get an accurate estimate for how much a patent will cost you, it’s best to hire an experienced patent attorney who can guide you through the process.