BE AWARE OF IMPORTANT DEADLINES & COSTS

TIMELINES

Provisional Patent Applications and Non-Provisional Patent Applications have very different timelines. It's important to keep these in mind so you don't miss deadlines.

PROVISIONAL

  • A Provisional Patent Application lasts for 12-months from its original filing date
  • You must convert this into a Non-Provisional Patent Application within the 12-month period in order for the USPTO to review your application and grant a patent
    • If you fail to convert into a Non-Provisional Patent Application within the 12-month period, you will lose your filing date
    • There’s no extension to the 12-month period
    • If you lose your filing date but still wish to seek protection, you must submit a new application and receive a new filing date

KEY TAKEAWAY:  You have 12-months to turn your Provisional Application into a Non-Provisional Application.

NON-PROVISIONAL

  • First 30 Days—
    • Evaluation process, paperwork, and  confidentiality documents are signed
  • 30-60 Days—
    • Product development (fine tune the idea)
    • Patent search to determine potential patentability of your invention (Legal fee & USPTO filing fee due)
    • Engineered drawings, drafts, and review to execute patent application
  • 60+ Days—
    • Manufacturing, marketing, and distribution options discussed
    • Licensing agreements drafted (if applicable)
  • 1-1.5 Years—
    • Patent office action received
  • 1-3 Years—
    • Replies to office action
    • USPTO issues patent (if/when approved)

KEY TAKEAWAY:  Non-Provisional Applications can take a while, but it is the only way to obtain a patent. My Patent Team can assist you every step of the way. 

FILING FEES

Cost for patents vary greatly depending on various aspects of your invention. While there's no way for us to give you a solid number, we can give you an idea on filing fees.
***Please note, this is NOT the final cost of obtaining a patent. There are application fees, search fees, legal fees, maintenance fees, etc. The USPTO updates costs & fees annually. For the most up-to-date listing, please refer to the USPTO Website.

provisional

  • Micro Entity — $75.00
    • Typically an individual or small group
    • Has not been named as an inventor on more than 4 prior patent applications
    • Gross income less than 3 times the amount reported as the median household income for preceding year
    • Also meets requirements for small entity
  • Small Entity — $150.00
    • Typically a nonprofit organization or company with fewer than 500 employees
    • Has not assigned or licensed interest in the invention to a non-small entity
  • Large Entity — $300.00
    • Anyone else who does not fall within the Micro or Small Entity categories

KEY TAKEAWAY: Provisional Patent Applications are much cheaper, but only grant 12-months or protection.

non-provisional

  • Micro Entity — $455.00
    • Typically an individual or small group
    • Has not been named as an inventor on more than 4 prior patent applications
    • Gross income less than 3 times the amount reported as the median household income for preceding year
    • Also meets requirements for small entity
  • Small Entity — $830.00
    • Typically a nonprofit organization or company with fewer than 500 employees
    • Has not assigned or licensed interest in the invention to a non-small entity
  • Large Entity — $1,820.00
    • Anyone else who does not fall within the Micro or Small Entity categories

KEY TAKEAWAY:  Non-Provisional Patent Application costs vary greatly and there’s no way for us to give you a solid number at this point.

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