About Provisional Patent Applications

A provisional patent is an application filed with the United States Patent and Trademark Office with minimum yet strict requirements, to allow an owner to claim “Patent Pending” status and time (up to a year) to file a non-provisional application for registration. The provisional patent establishes a filing date of the subject invention, but will not be examined and will expire within one year, if the owner does not proceed with filing a subsequent non-provisional patent application for examination for registration of the invention. 

Provisional patent applications must include certain information to preserve the rights in a later non-provisional application filing.  They provide an owner with the time to decide whether to proceed with an application for registration as well as the time to discuss with third parties any potential assignment of the patent rights, while having the “patent pending” status.  

At Klemchuk LLP, we help clients with filing provisional patent applications to preserve their rights for potential later registration of an invention.With our flat fee provisional patent application pricing option, we can help clients keep costs manageable, without surprises, and with the help of experienced patent professionals that understand the importance of the substance requirements of provisional applications for proper preservation of rights.

Why File A Provisional Patent Application? 

If you have come up with a unique invention protectable through patent rights, you have a valuable asset that should be protected.  A patent search is necessary to help determine whether an idea may be patentable. In business, such assets can greatly improve a company to the disadvantage of competitors, but only if the invention is protected. Without protection, once third parties become aware of the invention and start using it, then it becomes fair game for anyone to use, make, or sell.  With patent protection, the invention owner can claim proprietary rights and require authorization for any third-party use through licensing, royalty, and other agreements. 

The filing of a provisional patent application will help you preserve the right to file an application for registration with the filing date of the provisional application filing. Provisional applications must include specific information to preserve the right to later file patent registration. Therefore, obtaining advice from an experienced patent attorney is important in helping ensure the application is properly filed.  

Don’t Fall For DIY and Online Fast/Cheap Patent Filing Companies

Some invention owners try to cut costs for obtaining provisional patent protection by using patent filing companies found online. The danger with online patent filing companies and the “do it yourself” patent application, is the lack of experienced legal advice from licensed patent attorneys with knowledge of the types of hurdles patent applications face.  A provisional patent application, though not examined, should be drafted properly to provide an adequate basis for a later filed application for registration.  Errors or omissions could prove fatal for a later filing.

Klemchuk LLP offers provisional patent application drafting and filing for a flat rate price, with no surprises. 

 

Flat Rate Provisional Patent Application

If you are interested in our Flat Rate Provisional Patent Application use the form below to tell us how we can help.

Alternatively you can give us a call at
(214) 367-6000

We offer additional types of flat fee services for patent related matters. Contact us for information on any specific services you are interested in. See Engaging with Us for how we interact with clients.

Benefits of Our Flat Fee Provisional Patent Application Pricing Program

Inventors and business owners often need legal help to understand whether a provisional patent application is the best choice for their specific circumstance. After a patent search has been performed, an informed decision can be made to proceed with an application.

With our flat fee design patent application services, you get: 

  • Professional Service from Licensed Patent Attorneys with Years of Experience

  • Price Predictability

Invention owners deserve experienced legal advice and assistance at an affordable, transparent, and predictable cost.

See our Patent Registration Process for an overview of the patent process from a patentability search through registration of a patent.  See also our Patent Cost and Pricing Options for a discussion of how much a patent costs and how we bill for our services. Our post Have an Invention — What are the Next Steps to Get a Patent? discusses key decisions inventors must make during the patenting process.

How it Works (Our Process)

Step 1

Contact you to gather information about the idea/invention.

Step 2

Prepare a draft of the provisional patent application with drawings.

Step 3

Answer questions and make minor revisions to get a final version.

Step 4

File the utility patent application with the USPTO.

Provisional Patent Application Pricing Options

Although provisional patent applications may cover various different types of technology and can involve a wide range of complexity, our attorneys offer flat fee pricing in two tiers.

 

Basic Provisional Patent Application
$2,000

This option is for inventions that involve more basic technology.

Advanced Provisional Patent Application
$4,000

This option is for inventions that involve more advanced technology.

 

*Government filing fees range in cost depending on the type and size of the applicant, from $70 – $280.

The Not So “Fine Print”

Limitations, Conditions, and Caveats

In some instances, a flat fee is not appropriate.  Of course, we can most likely assist, and would tell you in advance what costs to anticipate.

Moreover, the flat fee does not include any additional work, such as significant revisions to the documents, or additional work not identified at the time of engagement.  The provisional patent application flat rate includes the drafting of the various portions of an application, minor revisions to the drafts to get the application in final filing status, as well as the filing of the application with the USPTO.  Any additional work to be performed after the filing of the application would be extra and billed at our standard hourly rates.   

This page is for information only and does not constitute legal advice nor our engagement as your legal counsel.We reserve the right to change or discontinue any of the flat fee services provide on our web site at any time. All services are subject to our conflicts policy, Terms of Service, and the execution of our Flat Fee Engagement Agreement.

Payment

All flat fees must be paid in advance.  Invoices or requests for retainers for future work needed will be sent in accordance with our standard billing process. As a courtesy, we accept most major cards and can accept online checks.

Additional Hourly Patent Legal Services

We offer full service patent legal services and advise clients regarding the following patent related issues:

You can find additional information in our Patent Services page.