Q: What is a provisional patent application?

A: A provisional patent application (“provisional”) is a place-holder application that is filed with the United States Patent and Trademark Office (USPTO). The filing of a provisional allows the applicant to mark his goods as “patent pending.” A provisional, however, lasts one year at which time it expires. To take advantage of the provisional’s filing date (the “priority date”), the provisional must be converted to a non-provisional patent application (“traditional application”) within one year of the provisional's filing. Information absent from the provisional will not receive the benefit of the provisional’s filing date.

Q: Why should I file a provisional patent application?

A: There are lots of advantages to filing a provisional under certain circumstances. The best candidates overlap the one year period an applicant has to (1) file a traditional application from the first public use or offer to sell and (2) file a traditional application to claim priority to the provisional (3) able to say 'patent pending'.

Q. Why do patent attorneys charge so much?

A. Patent attorneys have to get a degree in science or engineering and a law degree, and take and pass both the Patent Bar as well as the general legal bar. They often have expensive homes and cars and lots of student debt that they want you to pay for. They are however a necessary part of the patent process.

Q. Can I really write my own patent application?

A. Yes! Writing patent applications is a skill, and, just like any skill, it can be taught. It should be taught by someone with expertise and experience. If you aren’t able to draft a patent application, you can and should hire a patent attorney or patent agent.

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

A. Provisional applications require less information and less structure, and they provide a filing date at the Patent Office to make your invention “patent pending.” However, they are NOT examined by the Patent Office, and they expire in one year. The ONLY way to get a patent is to file a non-provisional patent application.

Q. What is the difference between a design patent and a utility patent?

A. Design patents are very narrow and cover only a particular design. For most inventions, design patents are completely worthless. A utility patent is the “real deal.”

Q. What are the elements of a non-provisional patent application?

A. A non-provisional patent application includes a specification, drawings, and claims. The claims are the single most important part of the patent application, as they determine the scope of your patent, if one issues.

Q. How much does the Patent Office charge to submit a patent application?

A. The current fees are $110 to file a provisional patent application and $515 to file a non-provisional patent application. You can file a provisional application and wait up to one year before filing the non-provisional patent application. However, the Patent Office will not examine your application during this time.

Q. How long does it take to get a patent?

A. After your application is filed, the Patent Office will then examine it. However, due to a backlog at the Patent Office, a first response to your application will usually take between one and four years. During this time, your application is patent pending. The subsequent "prosecution" on your application could take another year or two.

Q. Can I license my invention while it is patent pending?

A. Yes. Once your non-provisional application publishes -- and you can request normal publication at 18 months or early publication about four months after filing -- you may be entitled to "provisional" rights.

Q. How much will it cost, in total, to file my provisional patent application with you?

A. Our program is priced at $499. The U.S. Patent and Trademark Office charges $110 to submit a provisional patent application, and this fee is included in our program. There are no additional fees after the provisional patent is filed.

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