ECONOMY
from $199
+ Govt Fee**
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- patent pending status for 12 months
- email consultation with patent practitioner
- managed by patent attorney
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Provisional Patent Application
PREMIUM
from $699
+ Govt Fee**
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- patent pending status for 12 months
- professional patent drafting
- professional patent drawings
- phone and email consultation with patent practitioner
- managed by patent attorney
STANDARD
from $449
+ Govt Fee**
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- patent pending status for 12 months
- professional patent drafting
- fully prepared patent application
- electronic filing
- managed by patent attorney
Services provided by law firm Classic Counsel, P.C.†, subject to conflict check and Limited Scope of Engagement
** Govt Fee: $70 for Micro Entities, $140 for Small Entities, $280 for Large Entities
PATENT LEARNING CENTER - by Trademarks On Call®
Provided by Trademarks On Call®, the Patent Learning Center is for informational purposes only, not legal advice. Select a topic below to learn more about patents:
Patents | Design Patents | Provisional Applications | Utility Patents
Applying for Patents | Patent Office Actions | Patent Maintenance
PROVISIONAL PATENT APPLICATIONS
A Provisional Patent Application is an inexpensive and effective placeholder that gives an inventor time to prepare and file for a Non-Provisional Utility Patent. A Provisional Patent Application will never issue as a patent. It is basically a 1 year reservation for a Non-Provisional Utility Patent Application. It may serve as a "priority application" for a Non-Provisional Utility Patent Application filed within 12 months.
Once a Provisional Patent Application is filed, an inventor may claim "patent pending" status.
It is important to recognize that for a Provisional Patent Application to serve as a "priority application" for a Non-Provisional Utility Patent Application, the Provisional Application must describe the invention as completely as would be required for the Non-Provisional Application. Thus, a carelessly or improperly prepared Provisional Patent Application may provide little benefit.
ADVANTAGES OF PROVISIONAL PATENT APPLICATIONS
A Provisional Patent Application is useful when an inventor needs more time to fully develop an invention. An inventor may file a Provisional Patent Application, and then fully develop the invention over the next 12 months. A Provisional Patent Application is also useful when current cash flow is a consideration. Although a Non-Provisional Patent Application will eventually need to be prepared, a Provisional Patent Application is an inexpensive way in which to get started. Moreover, a Provisional Patent Application is useful in that it provides for an additional 12 months of "patent pending" status.
Since a Provisional Patent Application will never issue as a patent, the application does not undergo examination by the U.S. Patent and Trademark Office. Moreover, there are no formal requirements for filing a Provisional Patent Application. However, as noted above, in order to serve as a "priority application" for a regular Utility Patent, a Provisional Patent Application must be properly drafted, describing the invention in the greatest detail possible.
TERM OF PROTECTION
A Provisional Patent Application lasts for 12 months from the date the application is filed. An inventor must file a Non-Provisional Utility Patent Application that claims priority to the Provisional Patent Application within the 12 months.
Disclaimer: Trademarks On Call is not a law firm or a substitute for an attorney or a law firm. Trademarks On Call does not provide legal advice. The information provided on this website is for informational purposes only and does not constitute legal advice.