The Cost of Filing a USPTO Provisional Patent Application
The Cost of Filing a USPTO Provisional Patent Application
As part of a USPTO pilot program, deferred-fee provisional patent applications will be accepted for 12 months starting September 17, 2020. Depending on feedback and public interest, this pilot may be extended or discontinued at any time.
Provisional applications are United States national patent applications that do not require formal claims, inventor oaths or declarations, or prior art disclosure statements. Instead, they are based on a description and drawing(s) of the invention.
The cost of a uspto provisional patent application varies based on several factors, including the complexity of your invention and which type of patent you desire. Generally speaking, the more intricate your invention is, the higher its overall costs will be to secure one.
Inventors have two options for filing a provisional application: they can do it themselves or hire a patent attorney to draft it for them. A patent attorney’s assistance in avoiding mistakes when drafting your application could save you money in the long run by preventing costly errors from being made.
When hiring an attorney, your total cost will depend on their fee and any associated costs with filing for patent with USPTO. These can range anywhere from $1,000 to $14, depending on the complexity of your invention and which law firm you select.
Another cost to consider is the issuance fee charged by the patent office for issuing your provisional patent. This fee ranges from $350 to $480 for small entities and $810 for large ones.
Other fees you may need to pay include government maintenance fees. These are fees paid directly to the government in case your patent ever gets challenged by another party.
When your provisional patent application is reviewed by the USPTO, you should expect to pay a search fee, examination fee and response fees. These amounts vary based on how many claims are included in your submission.
During the patent prosecution process, some of your claims may be rejected and others accepted. Re-submitting your application after each rejection could incur additional issuance fees as well as delay the granting of your patent.
Finally, if you decide to pursue a nonprovisional patent application, the cost will depend on both your company’s budget and how complex your invention is. Generally speaking, the more intricate your invention is, the longer it will take to draft and file its application.
In general, the most cost-effective way to obtain a patent is writing and filing your own application. Most inventors typically spend around $1,000 for this process without including legal fees. However, if your invention or business requires more complex work, hiring a patent attorney or agent could be beneficial in the long run. A professional can help avoid mistakes during application preparation that could have costly repercussions down the line.
Filing a USPTO provisional patent application takes between 10 and 15 hours depending on the type of invention being protected. If you are preparing the application yourself, expect it to take between 10-15 hours.
At this stage, you must submit an inventor’s statement and answer several questions regarding your invention in accordance with US patent law and procedures.
Once the basic filing fee has been paid, you will receive a receipt from the patent office with your application number and filing date included.
Filing a USPTO provisional patent application can be complex, so it’s wise to consult with an experienced patent attorney for assistance. They will assist in determining the most advantageous route and preparing an extensive patent application that meets all necessary criteria.
By doing this, you can maximize your protection and save money in the long run. Furthermore, this will enable you to pursue your invention confidently, getting maximum value from it.
By having a patent attorney draft your provisional application for you, it can save time and money in the long run. They ensure that your patent application accurately describes your invention with all necessary claims and an explanation of how it functions.
Alternatively, you can try and save money by submitting your provisional application to the USpTO’s deferred-fee patent pilot program. This gives inventors an expedited means of disclosing their inventions while still securing rights. Unfortunately, this may not provide sufficient protection to fully safeguard your invention or prevent competitors from using it.
The USPTO is an ideal destination to seek advice on your patent strategy, as they provide numerous resources and tools you can utilize. Furthermore, their network of attorneys and agents are available to assist with filing a patent application.
Since 1995, the uspto has offered inventors an inexpensive method of filing patent applications: provisional patent applications. Unlike nonprovisional applications, provisional patent applications don’t necessitate an oath or declaration and don’t involve submission of claims; additionally, these documents are never examined by a USPTO examiner and don’t mature into actual patents.
Prior to filing your USPTO provisional patent application, you must create a detailed description of your invention that meets all relevant statutory requirements (35 U.S.C. SS 112(a)). Make sure the description is written so anyone skilled in the relevant field can easily duplicate it.
Your provisional application may include any drawings necessary for the understanding of your invention. However, due to 37 CFR 1.53(c), no new matter may be added after filing due to this prohibition on amendments.
Therefore, it is essential that you conduct a basic prior art search before filing your USPTO provisional patent application and disclose to the USPTO all known prior art references related to your invention, including patents and publications. Doing this helps anticipate any arguments that the prior art renders your invention obvious as well as prepare for potential invalidity challenges related to any provisional application-related priority determinations.
Furthermore, you should be aware that published nonprovisional applications may qualify as prior art under 35 U.S.C. 102(a).
Additionally, the USpto maintains a database of provisional patent applications which lists the name of either the inventor or first named joint inventor and their provisional filing date. Unfortunately, this database does not publish the cover sheet required under 35 U.S.C SS 111(b).
Therefore, it is essential that you retain any known references of prior art when converting your patent application into a utility application. Furthermore, note how your invention differs from the prior art in terms of function or underlying technology.
Filing a nonprovisional application
Filing a non-provisional patent application is the final step inventors must take in order to protect their invention. However, this process can be complex, requiring hours of research, analysis and planning. Furthermore, there may be unexpected costs associated with filing such an application that an inventor may not anticipate.
When considering whether or not a non-provisional patent application should be filed, several factors come into play. These include the current state of an invention, funding sources available to an inventor and objectives.
An inventor may choose to file a non-provisional patent application for a dog toy with specific holes and slits after conducting extensive market testing that reveals it is popular among customers. Doing so would enable the inventor to protect their creation from being replicated by others.
In this scenario, selecting the correct filing date for a patent is essential. This decision affects an inventor’s capacity to claim priority back to when they filed their provisional patent application.
In order to take advantage of an earlier filing date for non-provisional patent applications, they must be made within one year from the provisional patent application’s filing date. Unfortunately, there can be no extension granted in terms of additional time.
If an inventor’s invention is highly novel or contains a unique feature, they might want to consider filing for non-provisional application before beginning patent prosecution. Doing so will give them more time to conduct additional market tests that can help determine the viability of their creation.
Additionally, filing for a non-provisional patent will be more cost-effective than submitting a formal utility application. However, this decision should only be made with the assistance of an experienced attorney.
No matter the outcome, having an experienced patent attorney by your side throughout the entire process is highly recommended. This ensures that the application is properly written and prevents any unexpected costs that could occur during patent prosecution.