Provisional Patents

faq

Frequently Asked Questions about Provisional Patents

Provisional Patents

What is a provisional patent?
The provisional patent is a lower-cost and stripped-down first patent filing to secure a filing date available for United States patents.
What are the benefits of a provisional patent?
A provisional patent is a low-cost mechanism to secure a filing date for a later non-provisional patent.  Since the United States is a first-to-file jurisdiction, it is critical to secure the earliest filing date possible for your patent.  Under U.S. patent law, a subsequently-filed non-provisional patent can claim the filing date of the provisional patent as long as the provisional patent is sufficiently detailed to support the claims of in the non-provisional patent disclosure. Provisional patents are not examined and serve only to preserve the filing date.
How long does a provisional patent last?
A provisional patent expires one year from its filing date. After filing, the USPTO will send official correspondence with the filing date.
What is a reasonable budget to procure a provisional patent?
The USPTO basic provisional patent filing fee of $280 is due at the time of filing.  Based on the 2019 survey of patent attorneys published by the American Intellectual Property Law Association, mean attorney fees for filing a provisional patent in the DC metropolitan area is $3500.  Accordingly, You should budget at least $3800 for filing a provisional patent application.
Is a provisional patent right for my idea?
  • A provisional patent is attractive because:
    • It is cheaper to file than a non-provisional application;
    • It is not examined So the formal requirements are relaxed; and
    • It can establish your priority to the invention, e.g. after filing your invention is “patent pending.”
  • You can schedule a confidential meeting to discuss your idea and the advantages of one type of application, like a provisional over another.