How do i file a provisional patent [New Info]



Last updated : Aug 1, 2022
Written by : Britt Quastad
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How do i file a provisional patent

Can I file a provisional patent myself?

Not having to write a claim means that many provisional patent applications don't need an attorney, so inventors can complete their own application. This saves on costs since you don't have to pay legal fees, just the filing fee that ranges from $75 to $300 per application.

What is required to file a provisional patent?

All that is required of a provisional application is a complete written description of the invention, sufficient drawings to help a reader understand the invention, a cover sheet that identifies the invention and inventors, and the payment of a filing fee of less than $200.

How much does it cost to file a provisional patent?

A self-prepared provisional patent application will cost you between $75 and $1,150. At a minimum, you have to pay the USPTO a provisional application filing fee. The provisional patent application can include a hand sketch of the invention.

How long does it take to file a provisional patent application?

Patent pending starts from the time you submit a patent application to the U.S. Patent and Trademark Office (USPTO). It ends when they grant or deny you a patent. Most applications are pending for one to three years. However, it can take three to five years or longer for applications involving software or electronics.

Can I file a patent without an attorney?

No, the use of an attorney or registered agent is not required for filing a patent application. However, an attorney or registered agent is often a useful resource and the USPTO recommends the use of such for preparing a patent application and conducting the proceedings in the USPTO.

Is a provisional patent worth it?

Provisional applications are a useful tool, but only when they are done right. When provisional patent applications are done poorly you not only obtain no benefit, the filing potentially demonstrates you were not in possession of an invention, which could be catastrophically bad.

What is the benefit of a provisional patent?

A major advantage of a provisional application is that applicants are allowed to use the term “patent pending” in conjunction with the invention (including marketing and packaging) during the 1-year period to alert the public that an application has been filed with the USPTO and as a warning to potential infringers.

What is a provisional patent good for?

The provisional application enables you to obtain quickly an official filing date before the public disclosure of the invention. It serves as undisputed proof of the invention date at least as early as the provisional filing date.

How long does provisional patent last?

A provisional patent application only lasts 12 months and essentially acts as a placeholder. Moreover, you only have that 12-month window in which to convert your provisional patent application into a full non-provisional application. Failing to do so before the deadline could result in the loss of your idea.

What is a poor man's patent?

A poor man's patent is essentially writing out a description of your invention and then mailing that written description to yourself. This postmarked envelope supposedly acts to create the date of your invention as the date this written description was postmarked.

How can I get a patent with no money?

The Patent Pro Bono Program attempts to match inventors with registered patent agents or patent attorneys. These practitioners volunteer their time without charging the inventor. However, the inventor still must pay all fees that are required by the USPTO; these cannot be paid by the practitioner.

How do I file a provisional patent online?

  1. Go to the USPTO website uspto.gov.
  2. Click on the link called "patents file online"
  3. Click on the link for "unregistered" filer - or try this link for direct access.
  4. Fill in your name (last and first) and your email address.

What happens after you file a provisional patent?

So you filed your provisional patent on your new idea. What happens next? The sad truth is that nothing really important happens next. The patent office will electronically record your submission and give you an electronic filing receipt that basically confirms they received your files and your filing fee.

Can you sell a product that is patent pending?

Fortunately you do not have to wait until you have a full patent to sell your idea. In fact you can sell a patent once you have received a “patent pending” status. Office (USPTO). With a patent pending status the invention is protected against infringement.

What is the difference between a utility patent and a provisional patent?

The main difference between the two is that a provisional patent is a placeholder in time that gives an inventor some time to file a utility patent. Whereas a non-provisional utility patent is a full-fledged complete patent application that turns into a patent.

What are the 3 types of patents?

What kind of patent do you need? There are three types of patents - Utility, Design, and Plant. Utility patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or compositions of matters, or any new useful improvement thereof.

Why has Coca Cola never been patented?

The reason why there's no patent on it is to ensure the recipe remains undisclosed. A patent is only good for 20 years, which means that after that, the recipe becomes available to the public. The original formula was patented in 1893, but the recipe changed over the course of time and it was never patented again.

Can I patent something myself?

File a Patent Application You can file a patent application on behalf of yourself or your co-inventors. Alternatively, you can hire a registered patent agent or attorney to file your application for you.

Can someone steal my idea if I have a patent pending?

What Is Patent Pending Infringement? As soon as you file a patent application with the U.S. Patent and Trademark Office (USPTO), your invention is "Patent Pending." Once your application is submitted, nobody can steal, sell, or use your invention without your permission.

How many times can you file a provisional patent?

A provisional patent application cannot be renewed. Instead, you can either 1) Re-file a new one or 2) Extend it 18 additional months with a PCT Patent Application.


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How do i file a provisional patent


Comment by Jeffery Nuesca

Thanks for this great article


Thanks for your comment Jeffery Nuesca, have a nice day.
- Britt Quastad, Staff Member


Comment by Schuleckeb

today we're going to be learning how to file provisional patent the reason you want to file a provisional patent is for multiple reasons it not only offers a little protection for you but if you're an inventor and have an idea for a product having an idea is wonderful and putting steps into making it a reality is also wonderful but what you need to figure out is people are actually going to buy that product so provisional patent is kind of like a very inexpensive alternative to buying a legitimate patent like a real patent and it's also a short-term thing by far eventually you're going to have to get a real patent down the road but provisional lets you test the market see if anybody would actually buy your stuff see if any vendors that I actually want to buy yourself in both mass-produce their partner with you and really just test the market and singing foundation in your product it's much cheaper alternative it costs you I believe seventy dollars now when I did it multiple times it was 65 but now it seems like it's 70 and you actually don't need a lawyer to do it going through YouTube and watching my video you can actually do it for 70 dollars instead of paying few hundred for a lawyer to do what you can do that's the surreal premise of the of this YouTube channel is trying to give you value and showing you how much you can actually do by yourself just to go over the research so every link in the description is going to be in the video so you don't have to go anything and you don't have to look elsewhere so this is where we start you want to go on USPTO that go and a link is for this actual pages here type in your last name first name email address this is gonna be like the screen you see when you click on the link once you do that click new application you want to click provisional and then you want to continue and when you click continue again lead you on to this page so this page you just want title of invention whatever you want to name it attorney docket which is till I get out for you don't really need that name of the inventor and you want to click corresponding address and I just put a fake mail address so don't pay attention that once you click and enter in your proper information click continue so this is the most important thing this page right here so you're gonna need four documents the transmittal the micro entity status drawing and specifications so we're gonna start with drawings first so for drawings it can only be cartoonish when I did mine I actually followed two provisional patents miles was very on paper online paper she drew it and the way you want to draw it to be exact is every time you make your drawing try to label each part by number and below the drawing itself number each part that you listed and explain what that what it does is function things like that I try to show you an example or two on what I mean by that but the drawings are very simple it doesn't have to be anything crazy by any means at least for the provisional so drawing in black and white choose file here drawings as you can see I didn't mind 2070 I did two of them actually so this one is just from 2017 I think this is the second time I did it but here drawings so file you undo specification specification is basically specifying what the drawings means so you can make that a part of the drawings oh and you can have that has its own stuff for documents but make sure you have a specification somewhere choose so so this is the spf15 eight this is the my currency status is two on the formula to fill out to be eligible to pay that seventy dollar fee basically what it means is if you make I believe under at least last summer there's one hundred fifty thousand dollars if you make less than that you're able you're eligible to fill up this out whether your individual or business owner so very easy simple sinking and fill up just named inventor time of invention signature if need be and I believe that's it and anything that you don't think you would have then you don't need to fill it out there's no way that you could have it you don't even fill it out so yeah it's very simple thing to do so I'm gonna upload this micro entity that is gross income that's my SB and then the last one is a transmitter with new application this is the SP Jersey 16 it's the same thing it means the same thing the reason why I named it this because I figured out that the transmittal Justice document so I just named it that so in here you're gonna have again repetitive information name residents things like that titled invention there's anything that you that you believe that you should be able to fill out here it needs to be filled out total fee amount equals seventy just fill this out save as a PDF make sure everything here is in a PDF format it's gonna let you know as well this is why everything using a PDF and once you do all those documents he build them up properly with to the best of your knowledge you should be able to upload them and don't worry if anything goes wrong I the way I feel mines out it was anything like could actually answer so you're just something that you didn't know you could have that information to and you're probably going the answer yet and worst case scenario is I actually just never happened to me I've always gotten my recipe successfully processed or something were wrong with your your application they would let you know and ask to clarify but the way I've done it is this way and I've always gotten it approved so once you do all these click upload and validate and this is kind of like the first layer of checking on your your documents so as you can see these let you know if they found anything wrong on mine didn't find anything wrong there is no errors so if there's any errors see why you have an air fine have any airs so continue once you do that make sure you click micro entity prepared you know subtotal 7d and then gonna have lieutenant pages but once you do that click continue and then you just have to pay your fees so it's this is very simple provisional patent very very valuable very helpful if you're an inventor I'm rooting for you I had that I had that mentality as well went towards more of an entrepreneurial eventually which proved a lot of dividends for me but inventing can lead to a lot of income a lot of success expecially if you have a really solid product but really just test the market don't be afraid to just take the race with seventy dollars you can do a lot of 70 dollars but why not test out your idea that can potentially be fortunes so yeah this is how you do if you have any questions please comment below and I'll do my best to answer it now remember I'm not an attorney disclaimer not an attorney this is just from my experience this is not legal advice for you I don't represent an attorney by any means so do you don't believe in me this video that's completely fine I'm just showing you what has worked for me in the past


Thanks Schuleckeb your participation is very much appreciated
- Britt Quastad


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