Preparation of the best possible provisional patent application for the fee estimated usually requires about six to twelve weeks, providing the client cooperates in providing promptly any information which is needed. Our fee estimates include our fee for preparing the application, draftsman fees, mailing costs, etc. Patent Office filing fees (now $100, if you are a “small entity”, plus $125 for every 50 pages over 100 pages) are over and above our fee estimate. Usually, the client provides one-half the estimate immediately and the balance at the time the application has been approved for filing. When the application has been filed, the client has a "patent pending" and may so mark goods containing the invention. Also, many clients, having filed their application, choose at this time to seek licensees (U.S. or International), seek capital, do marketing, etc.

After the filing of a provisional patent application, the Patent Office normally returns a filing receipt within about four to six weeks (immediately for electronic filings). The client has one year from the priority date (filing date) to file a utility patent application, including any improvements that may have been made. If a utility patent application is not filed within the year, the provisional patent application will normally become abandoned and valuable rights may be lost.

The provisional patent application process starts "the clock" regarding priority dates for international rights. Therefore, if the invention has any potential to be marketed outside of the U.S., please consult with us about protecting international rights before the one-year deadline expires.

Please give us at least six to eight weeks notice, before the one-year deadline, in order to estimate charges and properly prepare an updated utility patent application.

If you have any questions about the “usual course” of a provisional patent application, please do not hesitate to contact us. We can also assist in negotiations, sales, or licensing transactions.