What is a Provisional Patent?

Filing a provisional patent application establishes a filing date at a lower cost for first filing in the U.S., and enables the inventor to test his/her invention, while utilizing the “Patent Pending” term for a one year time frame before the examination process begins with the United States Patent and Trademark Office (USPTO)

Inventor Tip:

Registering your idea early could be vital to keeping your rights. Sometimes it's a race to the patent office, as was the case with the telephone with two patents being filed the very same day. Do you even know the name of the OTHER guy?

What are the benefits of filing for a provisional patent?

Some inventor groups consider the filing of a provisional patent a low-cost alternative that allows the inventor to test market before spending more on a regular patent. The one-year time allowance can sometimes turn around the provisional patent into a regular patent filing given that the research and test marketing proves successful. The inventor is also extended the privilege of not having to provide claims, prior art, declarations, oaths, or informational disclosure statements.

Do I need an attorney to file for a provisional patent?

The inventor should consider hiring professional help in preparing an application, provisional cover sheet and fee transmittal form, which is provided by the USPTO for the filing of a provisional patent application.

What are the items necessary to file for a provisional patent?

Even though the provisional patent application isn’t expected to conform to the same requirements of the Non-provisional patent application, the provisional patent application must contain cover sheet, a written description of your invention and drawings needed to understand the invention for which you are asking a patent. The United States Patent and Trademark Office doesn’t provide any “official” forms, therefore requiring the inventor to write, with or without professional help, their own application and *cover sheet. Any person “skilled in the art of science” according to the United States Patent and Trademark Office should be able to interpret, make and use your invention. Otherwise, the USPTO will reject your application.

Cover sheet for your provisional patent must include:

1. name (s) of all inventors
2. residence(s) of inventor
3. title of invention
4. correspondence addresses
5. name/registration number if using an attorney/agent/docket number
6. name of any government agency that has a property interest in application

Is there a fee for submitting a Provisional Patent application?

There is a filing fee that the inventor is required to submit by check or money order on a fee transmittal form and mailed to: Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450

The one-year of grace provided the inventor filing the provisional patent application enables the inventor to continue work on the invention to insure its viability before applying for a non-provisional patent.