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How Much Does It Cost to File a Provisional Patent?

by Terrifio Team | February 10, 2023

How Much Does It Cost to File a Provisional Patent?

Are you considering filing a provisional patent application? Protecting your invention with a provisional patent application can be a crucial step in securing your intellectual property rights and bringing your product to market. The main benefit of a Provisional Patent application is that it can be prepared and submitted in cases where timing is imperative. But, how much does it cost to file a provisional patent?
In this article, we’ll discuss the various factors that influence the cost of filing a provisional patent application, as well as provide tips to help you budget for this important investment.

The Cost of Preparing a Provisional Patent

Before you can file a provisional patent, you’ll need to invest time and effort into preparing your application. This is a complicated process that includes researching the prior art, drafting a detailed description of your invention, and preparing drawings or other illustrations, if necessary.

Depending on the complexity of your invention, the cost of preparing your provisional patent application can vary widely. For simple inventions, you may be able to prepare the application yourself with minimal cost. However, we suggest retaining a patent attorney or agent to help you with the process of filing your provisional patent as well as with many other tasks associated with your provisional patent that require dedicated expertise. See more on this below.

Provisional Patent Filing Fees

In addition to the cost of preparing your application, you’ll also need to budget for the USPTO filing fee. The fee for filing a provisional patent application is $60 USD for a “Micro Entity” (which may apply to an individual inventor with an annual income below a designated limit), $120 USD for a “Small Entity” (such as a small business), and $300 USD for a large entity (such as a corporation).

There may also be additional fees for other services. Be sure to check the USPTO website for the most up-to-date information on filing fees and associated costs.

The Cost of a Patent Attorney or Patent Agent

As we mentioned earlier, getting help from a patent attorney or patent agent is crucial. While this can be an additional cost, the benefits of working with a professional can be substantial.

A patent attorney or agent can help you navigate the complexities of the patent process, ensure that your application is complete and compliant, and provide valuable insights into the patentability of your invention. Your patent attorney or patent agent will be able to advise you on the deadlines that you must meet in the U.S. Patent Office. If you miss these deadlines, you’ll lose your rights. Furthermore, your patent attorney or patent agent will be able to outline how your Provisional Patent application can be relied on, if you want to protect your invention in other countries, and the deadlines you must meet in order to do so.

The hourly rate of a patent attorney in the USA varies greatly and is dependent on several factors such as location, years of experience, and size of the law firm. On average, a patent attorney in the USA can charge anywhere between $200 USD to $600 USD per hour. However, it is important to keep in mind that this is just an estimate and the actual rate may be higher or lower.

Filing a provisional patent can be a valuable investment in protecting your intellectual property and bringing your product to market. The cost of filing a provisional patent will depend on a variety of factors, including the cost of preparation, filing fees, and the cost of professional help.
While the cost of filing a provisional patent can be significant, it is important to remember that this investment can pay off in the long run by helping you secure your rights and advance your invention. By budgeting for the costs associated with filing a provisional patent, you can help ensure that your invention is properly protected and ready for success.

This article should not be construed as legal advice or a legal opinion on any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your patent professional on any specific questions you may have.