Under United States patent law, a Provisional patent application is a legal document filed in the United States Patent and Trademark Office (USPTO), that establishes an early filing date which can be important, but does not mature into an issued patent unless the applicant files a Regular (non-provisional) patent application within one year. There is no such thing as a “provisional patent.” A Provisional patent application includes a written specification, i.e. a description, and drawing of an invention (drawings are required where necessary for the understanding of the subject matter sought to be patented) and these drawings can be quite informal, but does not require formal patent claims, inventors’ oaths or declarations, or an information disclosure statement (prior art patent identities). Furthermore, because no examination for patentability of the Provisional application is conducted the USPTO fee as of March 1, 2017 for filing a Provisional patent application is significantly lower ($65 for a micro entity, $130 for a small entity) than the fees required to file a Regular non-provisional patent application. A Provisional patent application can establish an early effective filing date for one or more continuing Regular patent applications by the same inventors. The Regular Patent Application has been available to the public since the beginning of the US Patent Office. In contract, the Provisional patent application was first made available in 1996. Many have taken commercial steps successfully after filing a Provisional application. It gets your “foot-in-the-door” excluding others by giving you legal priority under the first-to-file international rule prescribed to by the US Patent Office. However, the Provisional application expires after only one year and cannot be extended. But during that year you may be able to acquire funding to build an operating prototype or to file a Regular application, or even to establish a licensing deal (more on that later). The point is, that while patent pending you need not hesitate to broadcast what your idea is and what a fabulous market ($) it will have; basically, selling a great opportunity. A Provisional application need only include the material you produced in Steps 2, 3, and 4. For more information on how to file with the Patent Office please call my office. (no charge)
The U.S. Provisional Patent Application, when written and filed professionally can
support commercial activities such as licensing or selling patent rights or raising venture
capital for a new enterprise.
- Small filing fee ($125 for individuals).
- Provides internationally recognized patent pending status.
- Allows public disclosure of your invention without loss of patent rights.
- Allows you to sell products/services without loss of patent rights.
- Allows you to test market without loss of patent rights.
- Your application may be licensed, sold, or used to secure venture funding.
- Provides an improved patentability position with respect to prior art.
- Legal rights can be extended beyond one year.
- Your application is not made public.
- Can later be refiled.
- Protects rights to file international, regional, and foreign national applications.
- Prepared by internationally recognized Patent Agent Gene Scott.
- Quick, professional, absolutely confidential service.
- Clear legal bridge between provisional and regular applications.
- Obtain patent pending status within two weeks, guaranteed.
- Take advantage of our 20 years of experience in patent law.
- Our fee is only $999.00 complete; client pays filing fee of $110.
- If we prepare your Provisional Application, we will prepare your later filed Utility Application at a discount.
Our legal practice is incorporated as Worldwide Patent Services, Inc. in the State of California, EIN 33-0855484.
We have operated continuously for over twenty years. Gene Scott’s registration number with the US PTO is 37930.