PROVISIONAL PATENTS
A provisional application is a simpler, less expensive type of patent application, but it lacks all of the requirements of a non-provisional utility patent application.
What Is A Provisional Patent?
A provisional patent application is a type of United States utility patent application. A provisional application is a simpler, less expensive type of patent application, but it lacks all of the requirements of a non-provisional utility patent application.
The Advantages of Filing a Provisional Patent Application.
Provisional patent applications have a lot of advantages. For example, a provisional patent application does not require claims and the inventor does not have to file an oath. There are many great reasons to consider filing a provisional application.
Lower Costs.
Provisional patent applications do not have all of the requirements of a non-provisional patent application. No claim set has to be filed and other sections that are commonly included in non-provisional applications can be excluded. Information disclosure statements are generally not filed with provisional applications. All of this drives the costs down from 25% to 40% or even more.
For simple provisional utility applications, the total cost with Sherinian Law, including drawings, legal fees and filing, can be less than $3,700. View our prices here.
While it’s possible to file for a patent yourself, our clients find the work it takes to do it right and remain assured that their inventions are protected in the best manner possible, more than pays for our low fees.
You Can Mark Your Product as Patent Pending.
Being able to mark your product as patent pending let’s the entire world know that you have staked your claim and that competitors that copy your product do so at their peril. Once a provisional patent application is on file you are able to mark any covered product as patent pending.
You Get An Entire Year to Perfect Your Invention.
A provisional patent application gets you an entire year to file a non-provisional application. During that year if you make additional changes to your invention, you can file additional provisional applications, or file the new material in your non-provisional application. Additional provisional applications can often be filed at a much lower cost than the original provisional application. And, at the end of a year, you can file a non-provisional application that claims priority to all of your provisional applications.
Some Important Things To Remember
All of this sounds great so far. So why wouldn’t everyone just file a provisional patent application and be done with it? Here’s some of the reasons why.
A Provisional Patent Application Only Lasts One Year.
Once it is on file a provisional patent application stays in force for exactly one year. During that period the owner of the patent application can mark any corresponding products as patent pending. And at any time during the year, the applicant can file a non-provisional application that claims priority to the provisional patent application.
A Provisional Patent Application Cannot Be Extended.
The one year term of a provisional patent application cannot be extended. If no non-provisional application is filed during the one year term of the provisional application that claims priority to the provisional application, the provisional application expires.
A Provisional Patent Application Cannot Be Renewed.
The one year term of a provisional patent application cannot be renewed. If a non-provisional application is not filed during the term of the provisional application that claims priority tot he provisional application, the provisional application expires.
Patent Types
Watch Our Video
Here’s a short video describing the different types of patents. Konrad Sherinian covers a lot of the basics, including the three main types of patents:
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- Utility Patents
- Design Patents
- Plant Patents
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Whether you are at the initial starting stage, or trying to protect and enforce what you’ve already have, we can help patent and protect your idea or invention. Reach out to us today. We will quickly set up a time to discuss your intellectual property with an experienced patent attorney.
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Patent FAQs
Here’s a list of the most frequently asked questions about patents. Open each to see our pages dedicated to that topic.
How long does it take to get a patent in Chicago?
The timeline varies depending on the type of patent and the USPTO’s backlog. On average, utility patents take 1-3 years, while design patents are typically processed faster.
What is the cost of filing a patent?
Patent costs vary based on complexity. A utility patent can range from $5,000 to $15,000+, including USPTO and attorney fees. Design patents generally cost less.
Can I enforce my patent if someone infringes on it?
Yes, patent owners can legally enforce their rights and may file lawsuits in federal court for injunctions or damages. A patent attorney can help navigate the process.
What is the difference between utility and design patents?
- Utility Patents protect the functionality of an invention (valid for 20 years).
- Design Patents protect the appearance (valid for 15 years).
Do I need a patent attorney to file a patent?
While not required, working with a patent attorney significantly improves your chances of success, ensuring a strong, well-drafted application and USPTO compliance.
How do I check if my invention is already patented?
A patent search helps determine if an idea is novel. You can search the USPTO database, but a comprehensive attorney-conducted search provides the most reliable results.
Experienced Patent Attorneys
The attorneys at the Law Offices of Konrad Sherinian have extensive experience in patent matters. We’ve helped clients obtain numerous patents, including more difficult categories such as software, electronics, and the mechanical arts. We have obtained numerous patents in the United States and throughout the world. In addition, we have litigated patent cases on behalf of both plaintiffs and defendants in District Courts throughout the United States.
