Provisional Application for Patent

A Provisional Application is a solution for inventors and entrepreneurs who have a new invention but don't have the money to pay a patent attorney to file a Non-Provisional Patent. A Provisional Application is basically a "place holder" for a filing date for a traditional patent. Although it is not a formal patent it can allow you to use the phrase "Patent Pending" with your invention when selling or marketing it. Inventors can start to sell their product and raise funds to file a more formal Non-Provisional Application. You are given one year from the filing date of the Provisional Application before you have to file for a Non-Provisional (formal patent). This allows you to take advantage of the priority your patent would be given from filing the Provisional . There are differences in the Provisional Application and Non-Provisional Application with a major one being that there are no claims in a Provisional. These are numbered descriptions of what should be protected by the patent.

Filing a Provisional costs a little over $100 (if you file yourself) and you can find the form to file it on the United States Patent and Trademark Office's website (Form 16). You can hire an attorney to file your Provisional for you, which has it's benefits.You should expect to pay well over $100 but should still be significantly less than filing a formal Non-Provisional with an attorney. I've heard of people paying around $500 for filing a Provisional and talked to Intellectual Property firms that could do it for around $750.

It is possible to file a Provisional Application without the help of an attorney. Although you may want to at least consult with one about your potential invention before filing. The USPTO also has a help service. There is an automated system with information if you call but there are also people you can talk to during their regular hours. (8:30 am to 5 pm Eastern) Mon-Fri

1-800-786-9199 (toll-free); 571-272-1000 (local)

Find the Provisional Application here...

http://www.uspto.gov/forms/index.jsp#patent   PTO/SB/16