What is a Provisional Patent?
Types of US Patents or US Patent Applications or Provisional Patent:
What is a Provisional Patent:
- Provisional Patent? Provisional applications are US patent applications for a patent, meaning patent pending, which does not mature into an issued US patent (not examined by the USPTO) unless further steps are taken by the applicant within twelve (12) months of filing the provisional application. Such applications are designed to provide lower cost first patent filing by reducing the formal requirements, such as, not requiring formal drawings, claims, oath and declarations, or an information disclosure statement. However, if drafted properly (adequate technical written description and figures) the provisional application provides the inventor with an application priority date and “patent pending” status. Note a provisional application must be converted to a non-provisional application within one year of the filing date to maintain priority based on the provisional filing. Failure to file the non-provisional could result in loss of US patent rights, including a complete bar to obtaining a patent. Provisional patent applications are NOT examined by an Examiner at the USPTO.
- Design Patent? A US design patent, meaning patent pending, covers any new, original and ornamental design for a product (of manufacture) and has a term of 14 years in the US. The US design patent protects only the appearance of the article and not structural or useful features. Appearance includes visual ornamental characteristics embodied in, or applied to, an article of manufacture, including configuration or shape of an article, surface ornamentation applied to an article, or to the combination of configuration and surface ornamentation of an article of manufacture. The written document of a US design patent includes a title, technical field, description of the drawings, a claim, and one or more drawings of the invention. There is not a provisional design application.
- How much does a Provisional Patent cost? US Provisional Patent: Attorney time $700-900 to prep the US Provisional Patent Office filing forms and efile your written description and figure(s), plus ~$130 USPTO filing fee. We will draft an Abstract, Alternate Embodiment Clause, Broad Interpretation Clause & a First Patent Claim of your invention Any additional service are at $300 an hour. Time to prep: 1 week ~$830-1030
- Regular or Non Provisional Patent Application? A non-provisional utility application is a US patent application, meaning patent pending, that meets all the requirements of patentability and in the US generally has a term of 20 years from the date on which the earliest application for the patent was filed. The written document of a non-provisional application comprises a specification, which includes a title, technical field, background art, brief summary, brief description of the drawings, detailed description of the preferred and selected alternate embodiments, one or more claims, an abstract, and one or more drawings of the invention. The drawings must show every feature of the invention specified in the claims. Non-provisional patent applications are examined by an Examiner at the USPTO.