Provisional Patent Application: Benefits and How to File
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What is a Provisional Patent Application?
A provisional patent application is a legal document that allows an inventor to file for patents without a formal patent application. Provisional patent applications give the filer a year to determine whether their invention will make enough money to justify securing a patent on their intellectual property. A patent can reserve an invention’s size, design, or impression solely for the use of the inventor.
How to File a Provisional Patent Application?
Filing a provisional patent application is a vital first step to protecting an inventor’s intellectual property. This is important because without a patent application, certain aspects of a product such as the size, design, or expression is free game for others to use freely and profit off of. Intellectual property lawyers can assist with filing provisional patent applications and are well-versed in the procedures to filing.
The easiest way to file a provisional patent application is by following a simple six-step process:
Step One: Research Your Invention
The first step in filing a provisional patent application is verifying the exclusivity of your invention. If someone else has already came up with the same idea or if the idea is too obvious, submitting a provisional patent application could be a waste of time. Make sure to do your research in ensuring that your invention is new and unique before moving forward.
A great way to make sure your invention fits the requirements for a provisional patent application is to perform a patent search. This can be done at the United States Patent and Trademark Office (USPTO) or the World Intellectual Property Organization (WIPO) website, where you can perform a claims patent search using a variety of keywords to accurately vet your invention.
Step Two: Gather Patent Information
A provisional patent application should include plenty of product-specific information about the item you wish to patent. To prepare for the next steps, you will need to compile as much information as you can about your product. Here are a few pieces of information you will need to compile and organize:
- Specifications
- Drawings
- Abstract
- Invention status
- Intended use
Step Three: Write a Coversheet
The coversheet is a vital piece of any provisional patent application. Coversheets are required with each application and should include all of the following:
- Names of all involved inventors
- Inventors’ addresses
- Name of invention
- Name and credentials for attorney or agent and any applicable docket numbers
- Correspondence address
- If a government agency has interest in an invention, that must be disclosed here
Step Four: Prepare a Product Description
An accurate product description is another important part of the provisional patent application. Make sure to include specification information such as the product’s dimensions. Any shop drawings, abstracts, or schematics should also be enclosed in this portion of the application. It is vital that the product description is as detailed and specific as possible, so make sure to include all applicable product details.
Step Five: Review and Edit
Take a moment to review your application, paying special attention to any spelling or grammatical errors. This is also a great time to review any notes or outlines you used to prepare your application and make sure all the information you have on your product is included in the provisional patent application.
Step Six: Submit Application
When submitting your provisional patent application to the USPTO, you should ensure you have the means to file a formal patent application within 12 months of filing your provisional application. Keep in mind that provisional patent applications cannot be renewed or extended, so timing is everything. When submitting the application, you can expect to pay anywhere from $65-$280 in filing fees .
Once your application is submitted, you can begin selling, marketing, and even further developing your invention immediately. Applications can be submitted digitally by facsimile or email, in person, or via mail.
Get more details about how to file a provisional patent application here .
Costs of Provisional Patent Applications
Provisional patent applications are attractive to inventors because they are much less costly that traditional patent applications. Patent lawyers can make the process smoother, but they are not always needed to draft a good application. In fact, many inventors opt to create their own applications to save capital for marketing, product development, or even formal patent applications and legal fees.
Here are a few costs that applicants should plan for when drafting a provisional patent application:
- Filing fees
- Lawyer fees (if applicable)
- Time spent doing research
Get more information about provisional patent applications here .
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Benefits of Provisional Patent Applications
Provisional patent applications provide specific benefits to inventors. They are valuable for their protection against others stealing inventors’ work. Additionally, they pave the way to filing a legally-binding patent within 12 months of the provisional filing date. Ultimately, provisional patent applications were created specifically for the benefit of inventors.
Here are some of the main benefits to filing a provisional patent application:
- Product Protection: By filing a provisional patent application, applicants can protect themselves from losing money in the event that another manufacturer or inventor attempts to make a similar product. When it comes to marketing a new item, getting to the market first is essential to the success of many, so provisional patent applications are a great option.
- Reduced Cost: Provisional patent applications are well-known for their low cost when compared to traditional patent applications. They are simple enough to construct alone, which eliminates the need to pay costly lawyer fees. The filing fees are also affordable, ranging anywhere from $65-$280 each.
- Patent Pending: Perhaps the most sought-after benefit of submitting a provisional patent application is the ability to use the term “patent-pending” for a product. A product stamped with this term is likely to have better market performance since its legitimacy is backed up by a patent.
- Time to Develop: Since inventors are given twelve months between the time a provisional patent application is filed before they must submit a nonprovisional patent application, inventors have more time to develop their product before filing for a traditional patent. This time can be used for marketing, fundraising, or even more fully developing products.
- First to Market: Any time a new product comes out, the first item or brand to hit the market usually does the best in terms of profit and likeability. When inventors file for a provisional patent, they are protecting their right to go to the market with their item first. This gives their products a better chance of being successful and profitable.
- Investors: A well-written provisional patent application tells you everything you need to know about a new product. This can make investors more comfortable with giving their capital out to invest in new companies.
Find out more about the benefits of filing a provisional patent application by reading this article .
Get Help with a Provisional Patent Application
Are you ready to file a provisional patent application and need help from a professional to complete the process? Post a project on ContractsCounsel today to connect with trademark lawyers who specialize in provisional patent applications.
ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.
Meet some of our Provisional Patent Application Lawyers
Dimitry K.
Prior to becoming an attorney, Mr. Dimitry Alexander Kaplun had been involved with many industries and professions, and helped manage, create, and advise a wide range of businesses around the world. While at Drexel University as a computer science major, he became an NASD licensed representative and was employed by Fortune 100 insurance companies, including Prudential, AIG, and NY Life, first specializing in financial investments for life and annuity products, and then expanding his expertise to mutual finds, stocks, environmental insurance, and real property. Due to his technical expertise and a clear understanding of business rules, he was soon brought on board to help assist those companies with coding their interface for the Y2K switch. Soon after switching his major to business, Mr. Kaplun worked for a telecommunication service company first in quality assurance and then as a database programmer and developer, with sole and exclusive responsibilities for a multitude of warehouses located around the continental United States. Working on-site and from the company headquarters, he was responsible for streamlining processes for internal departments while fulfilling the quickly changing needs to the company clients, most notably Verizon Wireless. Mr. Kaplun opened his practice in 2008. Prior to starting his practice, he worked as a paralegal instructor for Prism Career Institute, creating the lesson plans for the whole program and focusing his instruction on substantive and procedural laws for general practitioners. Mr. Kaplun also worked as an associate for The Law Office of Keith Owen Campbell PC, focusing on Family and Matrimonial Law, and assisted the law firm of Jeffrey Neu and Associates in securities research as well as various contact and sales agreements, mainly online reseller agreements. He currently focuses his energy on representing individuals and companies in liability insulation, contracts and business agreements, and other legal concerns that crop up in the regular operation of doing business.
Muhammad Yar L.
I am Muhammad Yar Lak, a New York-licensed technology attorney with extensive experience advising startups, founders, growing businesses, established companies (including Fortune 100 clients), and individuals on the legal matters that shape how they operate, grow, and protect what they have built. My practice covers business relationships, operational and contractual risk, and corporate structure, including the formation and structuring of LLCs and corporations. I hold a law degree from Georgetown University Law Center and am admitted to practice in New York. I am also CIPP/US certified, reflecting my commitment to privacy and data as core concerns in modern business and technology law. I practice as a Senior Associate with Gogo & Moore, a technology-focused law firm with offices in Aspen, Atlanta, and New York. I have built my practice around the industries defining the next decade, including technology, fintech, artificial intelligence, blockchain and digital assets, and e-commerce, while also serving clients in healthcare, manufacturing, real estate, and entertainment. Wherever my clients are building, I am there. My approach is simple: good legal counsel should empower people, not slow them down. I work hard to understand what my clients are actually trying to accomplish and help them get there. If that sounds like the kind of lawyer you are looking for, I would be glad to connect.
"Muhammad did great work very quickly and was responsive to my time needs at his own expense. I am grateful."
Kenneth G.
Kenneth E. Gray, Jr. is a business and tax attorney who advises entrepreneurs, investors, and closely held companies on transactions, tax planning, disputes, and long-term wealth structuring. He focuses on helping clients make legally sound decisions that also make business sense. Ken’s practice includes business formation and restructuring, mergers and acquisitions, private investments and fundraising transactions, contract drafting and negotiation, and cross-border matters. He also maintains a significant tax practice, advising on federal and state structuring, specialty filings (including partnership, corporate, and non-resident matters), and representing clients in disputes before the U.S. Tax Court and other federal and state tribunals. In addition to his transactional work, Ken handles commercial and business litigation, including tax controversies, financial disputes, and partnership matters. His litigation experience informs how he structures deals and governance documents, with an eye toward preventing disputes before they arise. Ken also advises individuals and families on estate planning, trust formation, tax-efficient wealth transfer strategies, and probate administration, including planning involving closely held businesses and foreign assets. Before practicing law, Ken worked in banking and private equity, including managing a $5 billion emerging markets fund-of-funds portfolio at the U.S. Overseas Private Investment Corporation (OPIC) and serving in equity research at ABN AMRO. That financial background allows him to understand transactions from both the legal and capital perspective. He holds a J.D. from Georgetown University Law Center and an MBA from Yale University. He practices before the U.S. Tax Court, various state courts, and other federal courts.
"It is not easy to find a lawyer that knows Offshore Asset Protection Trusts, which own a foreign LLC, which owns a USA LLC. Fines could reach $100K if the tax forms are incorrect, or not filed. He was able to review my draft returns and provide memos with required changes (many, many changes), after 1 follow-up everything was basically done other than a few tiny edits. I really appreciated how he worked me in, right in the busiest time of tax season, to ensure there were no errors. Would definitely hire again."
November 16, 2023
Robert W.
I am an experienced Intellectual Property attorney registered with the USPTO and have managed my solo practice for over a decade. As part of my practice, I handle trademark and patent concerns for my clients. I’ve performed extensive prior art searches, drafted patent applications, and prosecuted patents across a broad range of technologies. I've helped my clients secure protection for both standard character and special form marks across a a variety of classes from candles to dog collars. I believe, as an IP attorney, that I can facilitate the development of new technologies by protecting your rights from infringement or helping you enter the market by establishing those rights from the ground up. More importantly, I believe it should be an open and affordable process that’s accessible to anyone pushing the bounds of innovation.
November 11, 2023
LaKesha S.
I am LaKesha B. Shahid, managing partner of Shahid & Hosea LLC. We focus primarily in domestic relations. We strive to make our clients our top priority.
November 14, 2023
Starcee R.
Mrs. Rivera graduated from Palmetto High School in 2009 and went on to attend Florida State University in Tallahassee, FL. After graduating from Florida State University with a B.S. degree in Criminology and a minor in Philosophy in April 2012, she went on to attend the University of Central Florida where she earned a M.S. Degree in Criminal Justice in August 2013. That same month, She started law school at Stetson University College of Law. While in Law school, Mrs. Rivera participated on Stetsons #1 Trial team. In May 2016, Mrs. Rivera graduated with her law degree and in December 2016, Mrs. Rivera obtained her Masters in Law from Stetson University through its Joint J.D./LL.M degree in Advocacy program. Mrs. Rivera was a part of the first graduating class for this joint program at Stetson University. As a Law student, Mrs. Rivera was a law clerk at a well-known plaintiffs employment law firm in Tampa, FL and also interned for the Honorable Judge Edward Larose of the Second District Court of Appeal where she was able to draft PCA opinions draft legal opinions that were ultimately published. Mrs. Rivera also went on to participate as a Certified Legal Intern (CLI) with the 6th Judicial Circuit Office of the Public Defender in Pinellas County, FL and an Intern for LegalAid of Manasota in Sarasota, FL. After Law School, Mrs. Rivera began her legal career working as a Public Defender with the Ninth Judicial Circuit Office of the Public Defender in Orlando, FL. During her time as a Public Defender, Mrs. Rivera litigated more than 20 trials, representing both adults and juveniles accused of Misdemeanor and Felony offenses. After engaging in extensive civil, criminal and family law litigation, Mrs. Rivera decided it was time to finally open Allstarr Legal, P.A. in order to provide both affordable and quality legal representation to the people of the State of Florida. Mrs. Rivera practices throughout the entire state of Florida.
November 15, 2023
Francine L.
I am a multi-degreed attorney with more than 17 years of criminal trial experience and more than 15 as a general legal consultant. I'm licensed to practice in New York State.
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Provisional Patent Application
Florida
Can I file a provisional patent application to protect my invention before seeking a patent attorney's assistance?
I have recently invented a new product and I want to protect my idea before sharing it with potential investors or manufacturers. I have done some research and I understand that filing a provisional patent application can provide temporary protection and establish an earlier filing date. However, I am unsure if I can file the application on my own without the assistance of a patent attorney, or if it is necessary to consult with a lawyer before proceeding.
Sara S.
Hi, It is not "necessary" to consult with a lawyer before proceeding. However, filing a provisional patent application requires a profile in the United States Patent & Trademark Office system which patent attorneys and patent agents have. You should also familiarize yourself with required fees for patent filings, which you will have to pay, attorney or no.
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