Provisional Patent Applications

A provisional patent application preserves a filing or priority date for one year and allows the applicant to mark their patent Patent Pending.

Business Benefits

1. Provides one year to determine if invention will make money before filing a regular patent application.
2. Allows the inventor to claim Patent Pending.
3. Significantly reduces the upfront costs.

Legal Pros/Cons of Provisional Patents

Provisional patent applications are a controversial topic among patent attorney’s. Some attorneys believe they should never be used. Below we will list the major legal advantages and disadvantages of provisional patent applications.

Disadvantages

1. No claims are required and this increases the likelihood that the invention is not completely described.
2. Failure to provide a complete description can result in the loss of the priority date for the missing information.
3. The provisional patent application delays the examination and therefore delays when an infringer may be sued.
4. Provisional Patent applications may not be appropriate for fundamental inventions or other inventions.

Advantages

1. A provisional patent application provides an earlier priority date.
2. Marking the invention Patent Pending may significantly reduce the risk of competitors copying the invention.
3. The extra time provided by a provisional patent application allows the inventor to refine the invention and incorporate the refinements into the regular patent application.

Provisional Patent Application Process

Our process for preparing a filing a provisional patent application is described below. Please call Mr. Dale B. Halling at 719-447-1990 for more information.

1. Determine if a provisional patent application will meet your business goals.
2. Prepare a provisional disclosure using the provisional outline.
3. Fax (719-447-9815) or email dbhalling.hallingip.com us a copy of the provisional disclosure.
4. We will review the disclosure for any gross errors, usually in one business day, and contact you with any suggestions.
5. Once any corrections have been made, forward $750.00 ($850.00 for a large entity) plus filing fees.
6. We will file the provisional patent application and forward copies to the inventor.
7. We ask that you docket a reminder at nine months, that the provisional patent application is expiring and it is time to determine if you want to file a regular patent application.

Cost

1. $750.00 Flat fee for a small entity
2. $850.00 Flat fee for a large entity
3. Large Entity Filing Fee $160.00.
4. Assignment Recordation Fee (If needed) $40.00.