The Provisional Patent Application is a way for the small inventor to obtain "Patent Pending" status at the least possible cost. After filing a Provisional Application, the inventor has one year in which to test his invention in the marketplace. The Provisional Patent Application is not examined and cannot become a patent until it is converted to a Utility Patent Application. This conversion must take place before one year from the date the Provisional Application is filed.

During this one-year period, the invention has "Patent Pending" status. This is critical since most companies will not discuss an invention with an individual until the invention is at least "Patent Pending."

At about half the cost for a regular Utility Patent Application, the Provisional Application is the least expensive way to obtain "Patent Pending" status. Also, the term of the issued patent runs from the date the regular Utility Patent Application is filed, not from the date the Provisional Application is filed. Therefore, you do not lose any time on the term of your patent by filing a Provisional Application.

If Patent & Trademark Services, Inc. prepares a Provisional Application and you decide to convert it to a regular Utility Patent Application, we deduct the cost of preparing the Provisional from the cost of preparing a regular Utility Patent Application. This reduction in cost applies only to our preparation of the specification and other paperwork. The Government filing fee and necessary formal drawings involve additional cost.

Comparison of PTO filing cost only . Our charges for preparing and filing the application must be added to the cost shown below. Please use our Contact Page to request a Patent Info Packet, which will include the different patenting options and their cost.

As you can see, the greatest advantage of a Provisional Application is that there is less cost up-front for preparing and filing the application and you gain patent pending status. By filing the Provisional first and converting before the one year has elapsed, you may spread the cost of the patent process over a greater period of time.