Is the provisional patent the cheapest type of patent? 7 Answers as of April 20, 2015

What is the cheapest patent? Is a provisional patent cheap or at least cheaper than other patents?

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Sebby Law Office
Sebby Law Office | Jayne Sebby
A provisional patent is just a preliminary applications that people use when they are close to submitting an application but still need to tweak a thing or two on the invention. It provides minimal, short term notice to the public that you've got an idea you want to protect. You still have to submit a formal patent application. The cost of the application is set by the USPTO. The major outside expenses of a patent are 1) searching the records thoroughly to see if anything similar has already been patented or rejected by the USPTO and 2) creating the application which requires exacting descriptions and technical drawings of the specific thing you want to protect. An invention may require a number of patents to protect the whole thing. And if the USPTO challenges or rejects the application, there may be additional expenses if you try to get them to change their minds, such as attorney fees or creating additional documents to support your claim. If your invention involves something that is regulated by the government, such as pharmaceuticals, you will also have to obtain approval (i.e.: pay more fees) from the relevant department or agency. Generally, you're looking at several thousand dollars in expenses just to get the application prepared and possibly thousands more to obtain the patent.
Answer Applies to: Nebraska
Replied: 4/20/2015
Law Office of Kirk Buhler
Law Office of Kirk Buhler | Kirk A Buhler
A provisional patent application is just an application it will no result is an issued patent. It is the least expensive way to get "Patent Pending". The least expensive patent is a Design patent. Design patents are not as valuable as Utility Patents, but they are less expensive and easier to get.
Answer Applies to: California
Replied: 4/15/2015
DANIEL NESBITT | Hasse & Nesbitt
The cost of a provisional patent application is the least expensive. But the provisional application has limitations and restrictions compared to a regular utility application. You should work with a patent professional to assess which patent application is best for you needs.
Answer Applies to: Ohio
Replied: 4/15/2015
Banner & Witcoff, Ltd. | Ernie Linek
A provisional patent application is typically less expensive - as it does not require the application part known as "claims" - as does a formal utility patent application. Claims are the part of the application that define your invention and distinguish it from the known prior art - patents and publications related to your invention, but filed, published and/or issued prior to your filing date. The provisional application lasts for just ONE YEAR - then the application must be converted to a formal utility application and refiled. Failure to complete this act - means the provisional application expired and a total loss of patent rights in the invention may have occurred. Many provisional applications cost from half to two-thirds of the cost of a formal utility application. NOTE - the provisional application must meet "formal requirements" of the Patent Office ( regarding the description of the invention - teaching fully how to make and use the invention - particularly the preferred aspects of the invention. You should consult with a registered patent attorney (or agent) to assist you with the drafting. GOOD LUCK !
Answer Applies to: Massachusetts
Replied: 4/15/2015
Mark Torche | Mark Torche
A provisional patent application is generally cheaper than the full utility application; however, a full utility application must be filed within a year. The provisional patent application expires in a year. Also, the provisional application must fully disclose the invention in order to actually protect your invention. This is the more difficult part of the provisional application that is often not understood. Although if you pay the fee and submit something that claims to be a provisional application, the United States Patent and Trademark Office will issue you a filing receipt that says you have a patent application; if however, your invention is not fully disclosed and supported, you really will not have protection should you have to litigate your patent in the future. Provisional patent application do not have claims (even if they have claims, they are not treated like claims in the provisional application) and are not examined. You can think of them as place holders giving you a date of priority, but the full utility application is required to complete the process. Because the law regarding the content of provisional application is very nearly the same as for full utility applications, some firms charge the same or very nearly the same for a provisional application as they do for full utility applications, but most do offer reduced fees for provisional applications and the official filing fees are much less than for utility applications.
Answer Applies to: Iowa
Replied: 4/15/2015
    Gerald R. Black, Esq.
    Gerald R. Black, Esq. | Gerald R. Black
    There is no U.S. Provisional Patent, but only a U.S. Provisional Patent Application. The U.S. Provisional Filing System is a different kind of system, where an inventor may PRESERVE an early filing date for a fraction of the filing cost of a U.S. Patent Application, and DEFER most filing, translation, prosecution, issue, and maintenance costs. These costs can be deferred for up to 12 months if only U.S. patent rights are sought, and for up to 30 months if global rights are sought. At the end of the 12 or 30-month period, the inventor will be able to make a more informed decision about whether to pursue U.S. and/or global patent rights, or to abandon rights without incurring any further legal costs. The inventor must file a U.S. Patent Application within one year after filing the U.S. Provisional Application. There will be no substantive examination of the U.S. Provisional Application, which will be abandoned in one year. The one-year provisional period is NOT counted as part of the new 20-year patent term. Accordingly, the inventor has acquired an extra year at the end of his patent term.
    Answer Applies to: Michigan
    Replied: 4/15/2015
    Barton Barton & Plotkin
    Barton Barton & Plotkin | Maurice Ross
    There is no such thing as a provisional patent. You can file a provisional patent application which buys you one year of time to raise the money to file a utility applications. But even a provisional should be drafted by a lawyer. And a provisional must be drafted with the same care as a utility patent. Thus, if you do this right, you won't save much by filing a provisional. These are complex matters for which you should retain experienced patent counsel.
    Answer Applies to: New York
    Replied: 4/15/2015
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