What Does a Provisional Patent Attorney Do?

A provisional patent application is an efficient way to safeguard your invention without waiting for a formal patent. Additionally, it helps establish you as the first inventor to file for patent protection, which could provide additional investment capital or allow your product to be sold more quickly.

When deciding whether to file for either a provisional patent or non-provisional patent, consulting an experienced patent attorney is recommended. Factors such as how long it takes to develop your invention and its market viability must all be taken into consideration when making this important decision.


As you might expect, the cost of provisional patent attorney services varies based on several factors. These include the invention’s complexity, how much work must be done on it, and the level of expertise needed to prepare the application.

Before filing a patent application, it’s essential to factor in all costs and fees. That way, you can prioritize what matters most and create a budget that ensures adequate protection for your invention.

Filing a provisional patent application typically costs $130 for small entities and $280 for large ones, including the filing fee and drawings (which can range in cost from $100 per page).

Additionally, the complexity of an invention and any additional legal fees involved will influence the cost to prepare a provisional patent application. For instance, designing an electrical device that requires professional drawings will be more expensive than developing simple mechanical inventions.

Some inventors opt to draft their own provisional patent applications, which can be a more economical choice than hiring an attorney. However, this approach carries additional risks and may not provide the same level of protection that a well-crafted patent application does.

When pursuing a large-scale money idea, investing in a patent lawyer is often recommended. Doing so can minimize errors in your application and potentially jeopardize the value of your invention and prevent you from realizing its full potential.

Therefore, it is essential to find a patent attorney with extensive experience and expert knowledge of your invention field. Ideally, they should possess at least a PhD in an applicable science or technology area related to your invention.

The patent attorney will then spend considerable time communicating with the Patent Office to convince them that your invention deserves protection. This process can take a lot of effort and be costly, so if your invention has the potential to generate substantial income for you, only hire an experienced patent attorney for assistance.


As a provisional patent attorney, it is your responsibility to quickly and accurately draft quality patent applications with strong legal and technical expertise. Furthermore, you must manage projects efficiently while adhering to strict deadlines.

Preparing a successful patent application requires providing an exhaustive description of your invention. This should include all essential elements and any other relevant details. Furthermore, provide drawings where needed so others can comprehend your concept more readily.

To prevent mistakes, be sure to fully describe and name your invention clearly in the patent application. Furthermore, try not to include too much information or unnecessary details.

Inventors who do not fully describe their invention may face difficulty securing an issued patent and having difficulty selling it. Nonetheless, they should not let this stop them from pursuing their idea.

Some inventors are so eager to publish their invention that they neglect writing a comprehensive and thorough patent application description. This mistake could cause them to overlook important prior art issues in the future, potentially leading to major financial repercussions for both themselves and their company.

Another common error inventors make is failing to include adequate drawings for their inventions. This can be a costly oversight since visuals help the reader better comprehend your concept. Furthermore, including drawings is essential if you plan on selling your invention in the future.

Filing a provisional patent application has several advantages. Firstly, it costs less than filing for a utility patent and can be processed quicker. Furthermore, it gives priority rights to your invention which will enable further development before filing non-provisional patent applications. Furthermore, filing this type of application gives you an edge over other inventors seeking patents in your field of technology.

Prior art

With most patent applications, a provisional application excludes prior art – such as publications, patents or websites – published before your filing date. This is known as the “first-to-file” rule and it can be an important factor in determining whether a patent will be valid.

Unfortunately, many inventors fail to conduct adequate searches in order to identify prior art that will likely be used as invalidation arguments. This can be especially challenging during early stages of invention development when inventors may be under time constraints and lack resources for extensive search techniques.

To effectively identify prior art that will be relevant to a proposed invention, perform an exhaustive search within the global patent system. This will include searching all global patent databases as well as international classification systems that organize inventions according to subject matter.

In many industries, there are hundreds of patent applications claiming the same invention. Therefore, it is essential to conduct an exhaustive search across the entire global patent system prior to filing for a patent.

This search should encompass a significant number of prior art libraries, including those maintained by the United States Patent and Trademark Office (USPTO). Furthermore, you should perform an exhaustive review of relevant patent databases for published patents in your industry.

For instance, when filing a patent application for a beverage machine, it’s essential to research the literature related to drink making and its related market. Doing this will give you insight into how many other inventions exist in this space and help identify potential breakthroughs worth pursuing.

Once you have identified the prior art that can be useful in evaluating your patent application, it’s time to craft the claims. Your attorney will collaborate with you on this step to guarantee that each claim is clearly and concisely expressed.

It is essential to have your patent written competently by an experienced attorney the first time around in order to avoid future problems. The provisional patent process can be lengthy and expensive, so make sure all claims are written accurately the first time around to prevent costly errors in the future.


A provisional patent application is the initial step in filing for a patent, which can be submitted within one year of an invention. It requires a detailed description of the invention with figures when applicable and may also include claims.

It should include a title, background of the invention, summary description of it, one or more claims and drawings as applicable. Furthermore, it must contain a declaration that complies with USPTO regulations.

The specification should provide sufficient detail to define the invention and establish the priority date of patent claims. If not, then the PTO may reject both your provisional patent application and its claims.

Provisionals that do not fully disclose an invention cannot shield you from future infringement by competitors. The invention must be sufficiently described so that “one of ordinary skill in the art” can make and use it without undue experimentation.

Many inventors attempt to keep some aspect of their invention a secret by leaving out important details in their disclosure. Unfortunately, this misguided strategy may result in the loss of patent protection for your entire invention.

Never neglect to include an essential detail of your invention in a provisional patent application. Doing so could leave gaps in the description of your invention and cause issues with subsequent patent applications that claim priority from the provisional.

Foreign patent applications often face difficulties when claims in your specification lack full support and the provisional does not contain enough material to back up your invention. Unfortunately, it may be impossible to acquire all necessary information from a foreign country in time to file your foreign patent application.

Therefore, it is more prudent to take the non-provisional route and obtain full protection for your invention. Doing so will save you money in the long run.

To be eligible for the priority advantage of a later-filed non-provisional patent application, it must be filed within one year of the provisional patent application and have one inventor in common with those named in the provisional application.