Secure your “PATENT PENDING” status within days with a provisional patent application, which offers a low cost and expeditious way to get on file with the USPTO. Our patent attorneys will work with you to quickly draft a provisional patent application, including a specification and drawings, so you can get on file with the USPTO as soon as possible and legally mark your product as “PATENT PENDING”. This secures a priority date with the USPTO and protects you against another party claiming rights to your invention. Provisional applications provide an inexpensive means for disclosing your invention to the USPTO, and are valid for a 12 month period. Within this 12 month period, a non-provisional patent application must be filed to maintain the priority date. The initial “PATENT PENDING” period allows you to disclose your invention to others, including marketing it, licensing it, and posting it on websites. “PATENT PENDING” status can be a valuable marketing tool and an effective means for secure short term rights while continuing to refine and develop your invention.
Provisional patent application are written and filed by our experienced team of United States Patent Attorneys. Your legal team will coordinate with you while drafting the application to ensure no embodiments are missed. You will have multiple opportunities to review the application and request changes prior to filing.
The cost of a basic provisional patent application is $540, plus government filing fees ($65 for most inventors).
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Important Changes to Patent Law in the US
New 35 USC § 102 – FIRST TO FILE
Under the Leahy-Smith America Invents Act, the U.S. patent system will be changing to a “first to file” system. This change takes place on March 16th, 2013 and will impact you. In addition to being the first to invent, you must also be the first to file a patent application or you will not be able to obtain a patent. Both a provisional and nonprovisional patent are considered filings for purposes of securing rights to your invention. Timing is imperative as a result of these changes and you should attempt to have a patent filed as soon as possible. As a consequence of these changes, another person may file for a patent on your invention or an invention similar thereto and prevent you from ever obtaining a patent – this is true regardless of whether you were the first to invent. All patents filed on or after March 16th, 2013 are subject to these new laws.