USPTO Provisional Patent Application Fee

A provisional patent application is an cost-effective and efficient way to safeguard your innovation. Filing such an application grants you the protection of “patent pending” on all materials while sidestepping the high cost and lengthy process associated with full patent applications.

However, the uspto provisional patent application fee can be a substantial part of the overall cost. That is why it is essential to be informed and familiar with your options.

What is a provisional patent application?

Provisional patent applications are a cost-effective first patent filing option for U.S. patent applicants that allows them to compete with foreign applicants on equal terms. They require no formal patent claim or oath/declaration and require less information disclosure than non-provisional applications do.

It’s also simpler and more concise than a full utility patent application, often taking only 10 pages or less to describe a new product or idea and provide one or more illustrations. It makes for an ideal start in the patent process due to its speedy and straightforward nature.

Furthermore, it gives inventors a “patent pending” label which could help sell their idea to investors and potential manufacturers. Furthermore, it gives them twelve months to develop their product before they must submit full patent applications, giving them more time to pursue their invention.

Before filing a provisional patent application, it is essential to understand its purpose and operation. With proper understanding, you will be better equipped to prepare an effective provisional patent application.

Limitations of Provisional Patent Applications

A major drawback of a provisional patent application is that it isn’t reviewed by the USPTO. Rather, it acts as a placeholder application that gives inventors an “filing date” for their inventions in each jurisdiction they submit it to.

It is therefore crucial for inventors to complete the patent application process or else risk having their concept never granted protection. This is especially pertinent when developing technology which competes with already available products.

If you plan to submit a provisional application, it is wise to consult with an experienced patent attorney beforehand to guarantee the document is correct and safeguards your idea. Alternatively, you can draft the document yourself.

Provisional patent applications have some restrictions as well, such as its limited duration of 12 months; if you fail to convert it into a non-provisional application before that deadline, your idea will be lost forever.

It is essential to note that a provisional application will not be reviewed by the USPTO on its merits and will not result in a granted patent, while non-provisional applications will. Therefore, filing for a provisional application can save you money over time by giving you priority filing status and an earlier effective filing date.

How much do I pay for a provisional patent application?

The cost to file a provisional patent application varies based on the invention. Generally, filing for a provisional patent takes two-thirds to four-fifths of what a non-provisional patent application would cost.

The initial step in patenting an invention is filing a provisional patent application with the United States Patent and Trademark Office (USPTO). This is often seen as the more cost-effective and straightforward approach to securing patent protection.

However, it’s essential to be aware that a provisional patent application only safeguards your rights for one year before you must file for non-provisional approval. Therefore, use this time wisely by gathering necessary information for filing an non-provisional application and adhering to USPTO guidelines.

A patent lawyer can prepare a provisional patent application for you at an estimated cost of around $2,000, which includes planning and drafting the application, communicating with the USPTO, and filing. Additionally, this fee includes a governmental filing fee of $64 for micro-entities, $130 for small entities, and $260 for large ones.

Additionally, you’ll likely need to pay for professional patent illustrations for your application. Prices for these drawings can range anywhere from $75 up to $125 per sheet.

Additionally, maintenance fees must be paid at years 3.5, 7.5 and 11.5 of your patent’s lifecycle. Typically, these costs range between $800 and $1,800.

Finally, you must pay an issuance fee before the USPTO issues your patent. For small entities, this fee is as low as $480; however, for utility patent applications, they require payment of $1,210.

Fees are essential to know as they determine if additional charges will apply later on. For instance, if your small entity receives rejections or objections from the USPTO, then an extension fee must be paid in order to respond to those rejected claims.

To get an accurate cost of filing for a provisional patent application, ask your local patent attorney for a free quote. A knowledgeable patent attorney will be able to give you an exact figure and offer guidance on what steps should be taken next.

What is the difference between a provisional patent application and a regular patent application?

Provisional patent applications are a simplified version of regular utility patent applications that do not require claims and take much less effort to complete than their full counterparts. They allow you time to test and refine your invention before filing for more comprehensive protection, helping you decide if a patent is worth pursuing or not.

Regular patent applications must be written with complete claims, which may prove challenging for some individuals. On the other hand, provisional patent applications don’t need this and can be filed by anyone knowledgeable about the subject matter. The USPTO offers instructions for drafting a provisional patent application as well as an example cover sheet to assist you.

In addition to not requiring a claim, the USPTO also charges a lower fee for provisional patent applications. This fee is a percentage of what would otherwise be charged if non-provisional patent rights were sought; small entities pay $150 while micro entities (defined as those with no more than 500 employees) only pay $75.

Another advantage of a provisional patent application is that it sets an effective filing date and acts as a placeholder for subsequent regular utility patent applications. When these regular non-provisional patent applications are filed within one year after the original filing date, they will claim priority over the provisional patent application, potentially extending the patent term by up to one year from that point.

As a result, many inventors file multiple provisional patent applications in an effort to obtain the earliest filing dates for their inventions. This gives them 12 months to test out their ideas and decide whether or not they should continue filing for patent protection.

Some inventors opt to file a provisional application before filing for a more detailed and costly non-provisional patent application. This is often done when they are uncertain if their invention qualifies for patent protection, or lack an adequate grasp on how best to develop and market the product.

How do I prepare a provisional patent application?

If you are an inventor, filing a provisional patent application could be beneficial. While you do not receive formal protection for the invention through this procedure, the USPTO offers a one-year “life span” of provisional applications during which time your invention remains protected and “patent pending.”

The United States Patent and Trademark Office (USPTO) offers an economical way to file a provisional patent application by using their USPTO Online Filing System. Alternatively, you may mail in your application along with supporting documents directly to the USPTO.

When filing a provisional application for your invention, you should create an extensive written description that outlines how and why the new method or device differs from existing methods and devices. The patent examiner will review this disclosure when assessing whether your innovation is new and novel enough to be patentable.

When crafting the disclosure for your invention, you should utilize the same language as that used in a non-provisional patent application. This means including an overview of its features and any accompanying drawings. Furthermore, make sure to describe any potential alternatives available to your idea.

This description should be precise enough that an inventor could construct and reproduce your invention. Doing this helps avoid filing for a patent that does not adequately safeguard your innovation.

You have two options for preparing a provisional patent application: either prepare it yourself or hire an experienced patent attorney to do it for you. While hiring a professional will cost more, they guarantee that your provisional patent application will be fully protected.

Furthermore, a qualified patent attorney can help you avoid costly mistakes when filling out the provisional application and guarantee that your invention is adequately protected. Doing so not only saves time and money now but also ensures the most protection for your invention in the future.

The cost to prepare a provisional patent application varies based on the complexity of your invention and the experience level of the patent attorney. However, for simple inventions, the United States Patent and Trademark Office charges only $65 to file a provisional patent application. This fee covers legal advice as well as professional patent illustrations if needed.