Our "Patent Pending" Process

1
Put your “Thoughts to Paper”
2
Discuss your objectives with a licensed patent practitioner
3
Request a Patent Search Report
Additional fee
4
Provisional patent app is prepared and filed. Earn 12 months of temporary “patent pending” status
5
Decide to apply for a full non-provisional patent within 12 months
Additional fee

File a Provisional Patent Application at a Fixed Price

BASIC

$250
+$70 Govt Fee*
  • Review of descriptions and drawings of how your invention works, provided by you.
  • Email consultation time with a licensed patent practitioner
  • Filed provisional patent application for 12 months “patent pending” status

GET BASIC

PROFESSIONAL

$750
+$70 Govt Fee*
  • Professionally drafted patent technical descriptions
    See Samples
  • Professionally drafted patent drawings
    See Samples
  • Phone and email consultation time with a licensed patent practitioner
  • Filed provisional patent application for 12 months “patent pending” status

GET PROFESSIONAL

ESSENTIALS

$500
+$70 Govt Fee*
P1
P2
  • Professionally drafted patent technical descriptions
    See Samples
  • Professionally drafted patent drawings
    See Samples
  • Phone and email consultation time with a licensed patent practitioner
  • Filed provisional patent application for 12 months “patent pending” status

GET ESSENTIALS

All Plans Include:

  • Consultation Time with a Licensed Patent Practitioner

    Ask legal questions and get legal advice about patent applications from a licensed patent practitioner (a patent attorney or agent). 20 minutes of practitioner time is included per case. Additional time is billed at the practitioner’s hourly rate.

  • “Patent Pending” Status for 12 Months

    A provisional patent application allows you to use the phrase “patent pending” for 12 months. You can continue to use it after if you file a non-provisional patent application before the provisional patent application expires.

  • Patent Application Filing Date

    Receive a filing date from the US Patent Office which sets your date in line with them. Those who may file a patent application after you, have a later date than you with the US Patent Office.

  • Government Receipt

    You will receive an official receipt from the US Patent Office confirming acceptance of your provisional patent application and showing your patent application number.

  • Electronic Signing

    Our proprietary electronic signature system allows you sign patent application documents, in compliance with the US Patent Office, from your computer or mobile device.

  • Live Team Monday-Friday

    We are here live, Monday-Friday, by email, phone, or chat. Give us a ring, we’ll be happy to chat with you about the patent process or have a patent practitioner answer any legal questions.

*$70 govt fee assumes you are classified as "micro entity" by USPTO. If you have filed more than 4 non-provisional patent apps in the past, or have an annual income of greater than $177,117, you may be classified as "small entity" or "large entity" which requires a $140 or $280 govt fee

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1
Secure a Filing Date with the US Patent Office
With inventing, it’s all about who invented it first. The United States works on a system called first to file, which means it matters not who invented it first but who filed the patent application first. Filing a provisional patent application will get you a filing date, so you can hopefully be first to file before someone else.
2
Lasts for 12 Months
A provisional patent application “saves the date” for 12 months. That date is saved for 12 months only. Before the provisional patent app expires, you need to file a non-provisional patent application to claim the date saved by the provisional patent application. If you do this, it’s like if you had filed your non-provisional patent app at the time of when you filed your provisional patent app. The non-provisional patent app will get the filing date of the provisional patent application. However, if you don’t file a non-provisional app before the provisional app expires, the date saved by the provisional patent app disappears.
3
Lower Cost

A provisional patent application is less expensive to file because it has fewer requirements for filing than the non-provisional patent app. Many inventors file a provisional patent app first at a lower cost, then raise funds to file the full non-provisional patent app.

4
Quicker to File

A provisional patent application can usually be filed faster than a non-provisional patent application because it has fewer requirements for filing than the non-provisional patent app. Many inventors file a provisional patent app first quickly, before showing their invention to the public on a website or trade show. Then, take the time to request a non-provisional patent application to be filed before the provisional patent application expires in 12 months after its filing.

5
“Patent Pending” Status

A provisional patent application allows the inventor legal use of the term “patent pending”, letting others know that you have already filed for a patent application.

6
No Patent Rights Yet

Keep in mind, however, that a provisional patent application is not a patent yet and you don’t have the legal right to sue anyone for patent infringement yet. It’s a “save the date”. Only after you file a non-provisional patent application and it is approved by the US Patent Office, will you have actual patent rights.

 
7
Temporary Protection
Your invention is protected in the sense that it is filed with the US Patent Office for 12 months. Anyone applying for a patent application of the same invention will be behind you in line and you will be first eligible to get a patent. However, you get this protection only if you file a non-provisional patent application before your provisional patent application expires 12 months after its filing. If you don’t file a non-provisional patent app before the provisional patent app expires, the filing date of the provisional patent app disappears and your protection is lost.
8
International
Not only does a provisional patent application save a filing date which can be used by a United States non-provisional patent application filed within 12 months, the filing date can also be used by most countries in the world. For example, you could file a patent application in Canada before your provisional patent app expires and that Canadian app would be able to claim the filing date which was saved by the US provisional patent application.

9
Not Examined
The provisional patent application is not examined which means the US patent office will not tell you whether your invention is unique enough to get a patent. Instead, the provisional patent app is a “save the date”, saving a filing date which can be used by a non-provisional patent application you file later, within 12 months of when you filed the provisional patent app.

Should I request a patent search?

It's the first step before a patent application! First, you learn how patentable your invention may be. If it's not very patentable, don't waste time and money on a patent app. Second, it may help you increase your patentability. By seeing what is similar, you can improve your invention around other existing invention and increase patentability.


LEARN MORE ABOUT PATENT SEARCH

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