A provisional application has a non-extendable term of one year.
A provisional application is not a patent but is a patent application. The filing fee is currently $130 for a small entity. A provisional application is a utility patent application without claims. The application gives the inventor 1 year from 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 $4,000 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 an utility patent application.
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