Provisional Patent Application
The provisional patent is the most economical and simple way to obtain legal protection for your idea in the United States. It is only valid for one year, but you have this time to test the profitability of your product, finalize the details, and apply for a non-provisional patent if you so decide. With our flat-fee application, you will obtain "Patent Pending" status, ideal as a marketing tool and for attracting investors without the risk of having your idea stolen.
The provisional patent secures an early filing date, which is especially useful in cases where other people or companies are competing to be the first to reach that development or solution. If you later decide to apply for a non-provisional patent
application, you may use the filing date of the provisional patent as the priority date.
Like provisional patents are not examined, you will not receive a response from the Patent Office on whether or not the invention is patentable, or what objections there may be. However, it is important that your application is well drafted to ensure that it will effectively serve as a forerunner of the final patent you eventually file in the future. If the invention is not properly described, you may be harmed by not being able to claim the priority of the provisional patent. That is why, although it is possible to apply "pro se", it is highly recommended to have the professional help of a Patent Agent registered.
USPTO EXTRA COSTS
In addition to the flat fee for our professional services, you will need to cover these fixed fees required by the Patent Office:
Micro Entity
Small Entity
Large Entity
Filing Fee
$65
$130
$325
Total:
$65
$130
$325
These costs are included in the final price you will see when selecting the entity type that applies to you.
CHOOSE THE OPTION THAT FITS YOUR NEEDS
Provisional Patent Types
Simple ($750)
Medium ($1,125)
Complex ($1,750)
Includes:
Includes:
Includes:
1 drawing
2 drawings
3 drawings
No Claims
Up to 3 claims
Up to 10 claims (3 indep. / 7 dep.)
Text adapted from yours in English. Basic level of adaptation.
Text adapted from yours in English or Spanish. Intermediate level of adaptation.
Text mostly our own (drafted by the Patent Agent according to your specifications)
Up to 10 pages
Up to 15 pages
Up to 20 pages
Notes: The included drawings are simple drawings. Provisional Patents do not need to have Claims (a description of which aspects of the invention are being claimed); however, if you wish, they can be included to provide a firmer basis for later filing the non-provisional patent. See our prices for Additional Pages and Additional Drawings.
MICRO, SMALL, OR LARGE ENTITY?
To qualify for the discounted prices, you must file a form with the USPTO stating the reasons and obtain Micro Entity or Small Entity status.
The criteria are as follows:
ME - Micro Entity:
Must qualify as a Small Entity
No inventor may have been named on more than 4 previously filed patent applications (not counting provisionals)
No inventor may have a gross income greater than $251,190 per year (unless employed by a U.S. public university)
They must not have assigned, or be obligated to assign, rights in the patent to entities that are not themselves micro entities.
SE - Small Entity:
The inventor is an individual (or individuals) who has not assigned, and is not obligated to assign, rights in the application to entities that are not themselves small entities.
or
The owner of the patent rights (in many cases the company that hired the inventor, or that acquired the rights through an assignment) is a small or medium-sized business with no more than 500 employees (including contractors)
or
The rights holder is a non-profit organization
LE - Large Entity:
The owner of the patent rights is a large company with more than 500 employees