Provisional Patent Application Law

Provisional Patent Application Law Lawyer

Provisional Patent Application Law

A provisional patent application allows filing for a patent at the U.S Patent and Trademark Office, without formal patent claims or disclosures. A provisional patent allows applies the term "patent pending". It ensures an early protection of the invention by marking it as "patent pending". All that's needed in a provisional patent application is a drawing and specifications of the invention. The one year protection or grace period that comes with a provisional patent could be enough time for testing the market before investing more money for a regular patent.

Consequences of Filing a Provisional Patent:

There are advantages to filing a provisional patent application:

  • If there is a short deadline for a publication and there is no time to prepare a formal application, that publication could be filed as a provisional application so that if material is added later, the publication will be protected.
  • A provisional application could give you time to study the market and research if there are appropriate markets for your invention, before committing to an expensive patent application.
  • By filing a provisional patent application, you can save money and even raise enough so that you can file a formal patent application. The money spent for a provisional patent can sometimes be applied to a formal application.

Disadvantages of filing a provisional patent application are:

  • A provisional application expires automatically in 12 months of the filing date.
  • A provisional patent application will delay the process of having patent protection examined.

What a Patent Lawyer can do for you:

When you have an invention and are unsure about the different steps you can take to protect your idea, a provisional patent lawyer can help. A lawyer can be a useful tool in determining if a provisional patent application is right for you. A provisional patent lawyer can advise you on timing and finances and guide you through the process. A lawyer can also be helpful for preparing a formal application upon deadline.

Lawyer Referral Service:

If you have an invention and would like to file a provisional patent application, contact a provisional patent lawyer to help you. Attorney Search Network can help you find a provisional patent lawyer to assist you.

If you have any questions about the information provided above, please contact us. Call us toll free at (800) 215-1190 or fill out our online form for your Intellectual Property lawyer referral.


If you have any questions about the information provided above, please contact Attorney Search Network.

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