iPatentAgent

What is included in with your Provisional Application

• Preparation of the specifications for your provisional patent application
• Preparation of coversheet
• Filing of your provisional patent application with the USPTO
• Copy of your complete application, including the USPTO electronic acknowledgment receipt delivered to you via USPS First Class

What you can expect

We've outlined our 5 step process below, so that you can know how your provisional application will be handled.

1. You complete the questionnaire to determine eligibility.
2. Once approved, we sign a non-disclosure agreement that legally binds us from stealing or sharing your invention.
3. You complete and submit your inventor's disclosure report.
4. We write, review and file your provisional application with the U.S. Patent & Trademark Office.
5. Your patent pending number and supporting documentation is sent to you.

Your questions answered

What is a provisional application?

The provisional application for patent (PAP) is an inexpensive way for you to establish a early filing date for your invention without formal patent claims, inventors' oaths or declarations, or any information disclosure statement (IDS). You have 12 months to prepare a full patent application.

Note that your Provisional application:

• is not examined by the U.S.P.T.O.
• never becomes a patent
• is abandoned by the U.S.P.T.O. in one year
• does not afford you any property rights

How much is this going to cost?

Honestly, it varies depending on the complexity of your invention. Working with us, your provisional application costs can range from $1,100 to $5,000 (not including the drafting fees for illustrations or filing fees to the U.S. Patent & Trademark Office). We ask that you complete our form to get a fixed-price quote.

How would I get a provisional patent?

You cannot get a provisional patent, as there is no such item in existence. There is only the provisional application.

Your provisional application must include the filing fee and a cover sheet identifying:

• the application as a provisional application for patent
• the name(s) of all inventors
• inventor residence(s)
• title of the invention
• name and registration number of attorney or agent and docket number (if applicable)
• correspondence address
• any US Government agency that has a property interest in the application

What is the difference between a provisional and non-provisional application?

The provisional application is a much shorter version of the non-provisional that exists to establish your filing date. The provisional application expires automatically after one year, is never examined by the U.S.P.T.O., and can never become a patent.

The non-provisional application is a complex legal document that provides you with a filing date, is examined by the U.S.P.T.O. and can be awarded a patent.

You will need to file a non-provisional within a year of filing your provisional application in order to be considered for a patent.

Why is the provisional so much cheaper than a non-provisional?

The provisional application is a much less complex legal document to draft. Also, this type of application is never examined by the USPTO, so you don't have to pay the higher filing fees. Note that a provisional application can never become a patent.

Do I have to file a provisional before filing a non-provisional application?

No, filing a provisional is completely optional.

Why should I submit a provisional application?

Here are a few reasons you should consider filing a provisional application:

• it provides the means to establish an early effective filing date
• it also allows the term "Patent Pending" to be applied in connection with the description of the invention
• inexpensive to file
• your invention remains a secret as the provisional application is not published
• comparatively easy to prepare

Potential problems you should be aware of:

• you can weaken your protection by not thoroughly researching your invention, or providing inadequate disclosure
• you might have to file completely new provisional applications if you make too many changes to your invention. This happens when your invention is still in development and requires major modifications to be marketable