Provisional Application | Modern Method Patent

Provisional Patent Application

A provisional patent application "holds your place in line" at the USPTO for up to 1-year. Unlike a utility (non-provisional) patent application, a provisional application:

Does not require claims and
Does not have strict drawing format requirements (color renderings, and pictures are acceptable).

View Sample Contract

Timeline: 2 - 5 weeks from project kickoff to application submitted to USPTO

Milestones:

Deliver FIRST Draft of Provisional Patent Application to Client for review
- 5-10 business days
Deliver FINAL Draft of Provisional Patent Application to Client for approval
- 5 business days
Submit Provisional Patent Application to USPTO
- 2 business days

Note: The initiation of each milestone may dependent on Client-provided documents/feedback.

Patent Strategy:

A provisional patent application is right for you if:
1. You are still developing the design of your invention.
2. You want to reduce the initial cost of protecting your invention.
A utility patent application can claim priority to multiple provisional patent applications.
- For example, six months after filing a first provisional application you may change the design to one component/mechanism of your invention. At that time, you may file an updated provisional describing the new component/mechanism. Before the end of 12 months from the first filing date you can submit a utility application which claims both the first and second provisional patent applications.
It is important to describe all versions or varitations of your invention, even if those other versions perform worse than your preferred embodiment. By describing these lesser versions of your invention we will "build a moat" around your preferred embodiment, such that it will be more difficult for competitors to copy your idea.

USPTO Timeline:

A Provisional Patent Application is not reviewed by a USPTO examiner and it is not compared to prior art in the field of invention. The USPTO simply records your provisional application in its system such that you may claim priority to the invention it describes in a later-filed utility application.