Provisional Patent Application

What is it?

A provisional patent application is a legal document filed with the USPTO that establishes an early filing date but does not mature into an issued patent unless the applicant files a regular non-provisional patent application within one year. A provisional patent application includes a description and drawing of the invention but does not require formal patent claims or inventors oaths or declarations.

Patent procurement requires a specific series of steps, including the following:

  • Develop an idea
  • Prepare and submit an application with the USPTO (United States Patent and Trademark Office)
  • Comply with USPTO requirements
  • Begin process of negotiating with patent examiner
  • Respond to denials by the patent examiner and amend original application as necessary

Completing a successful patent application can be a tedious process. The attorneys at Spector & Tsirkin P.C are experienced with the patent procurement process. Their experience and knowledge will help guide you through the process step-by-step in a systematic and efficient manner.

How it works?

2. Prepare the following as PDF documents

  • All documents from step #1
  • Drawings
  • Other relevant documentation and artwork
  • Assignment agreements

3. Register

  • Login with your ID/password or create a new account
 

4. Submit payment or schedule a consultation 

  • When prompted, select 3 calendar dates and appointment times

5. Upload completed forms & documentation when prompted

  • All documents from step #1
 

Costs

1. U.S. Non-provisional Utility Patent application (20 claims) initially filed in the US: $5000 - $6500, excluding filing and drawing fees.

2. U.S. Non-provisional Utility Patent application (20 claims) initially filed elsewhere (e.g., Russia): $2,000-$4,000, excluding filing fees and translation. Price range depends on amount of work necessary to format the application for U.S. filing.

3. U.S. Design Patent application $575, excluding filing fees.

4. U.S. Provisional patent application initially filed in US: $1500-$2500, excluding filing and drawing fees. Allows one-year window before abandonment, conversion or filing a non-provisional utility application.

5. Drawings by a professional draftsman at $80 per drawing.

6. Response to a substantive office action from the USPTO: $1500 - $2700 based on complexity of rejection and time to draft a response.

7. Trademark: $900, including attorney’s fees and one filing class. Each additional filing class is $325.

8. Prior Art Search of U.S. patents: $575 for a list of relevant/related U.S. patents and patent applications.

9. Prior Art Search of U.S. patents and analysis of result: $1350 for a review of the prior art search result and analysis of each reference.

10. USPTO filing fee schedule is available here: http://www.uspto.gov/web/offices/ac/qs/ope/fee010114.htm

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SPEKTOR & TSIRKIN, P.C.

Spektor & Tsirkin, P.C. is a full-service law firm with emphasis on IP and Technology Law.

14 Wall St. Suite 5E

New York, NY 10005

1-212-461-1355

info@spetslaw.com

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