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A provisional application is not a patent but is a patent application. The filing
fee is currently $105 for a small entity. A provisional application is a utility patent application without claims. The application gives the inventor 1 year for the filing date to file a utility application or the provisional application dies. The inventor can use the term “patent pending” during this one-year period. A provisional application allows the inventor to test and refine the product while maintaining prior date if filing. To place a typical provisional application on file, the cost will be around $3,000 to $3,500 depending upon the complexity of the application. It normally takes about 60 days to have the application “Patent Pending”. The schedule below provides an estimate of the entire process from initial consultation until the application expires 1 year after it was filled or is being replaced with a utility patent application.
| Provisional Patent Description of Event | |||
| 1. | Meeting with client. Product disclosed. Retainer Paid | Day 0 | $2,000 |
| 2. | Application written and sent to client will billing | Day 45 | |
| 3. | Application returned with signatures and payment | Day 50 | $1,500 |
| 4. | Application mailed to PTO | Day 55 | |
| 5. | Application "Pending" copies sent to client | Day 60 | |
| 6. | Notice provisional patent will expire sent to client | Month 10 | |
| 7. | Provisional dies unless replaced with Utility Application | 1 Year | |
| Budgetary Cost | $3,500 |
