Since the passage of the America Invents Act, it is a race to the patent office! The first applicant to file wins the race.
A Provisional Patent Application allows you to file without all the formalities of a Utility Patent Application (e.g. without any format requirements, formal patent claims, oath or declaration, or any information disclosure (prior art) statement). Importantly, the preparation can be expedited (to win the race) and it provides for the term “Patent Pending” to be applied to the invention.
A provisional application has a pendency lasting 12 months from the date the provisional application is filed. The 12-month pendency period cannot be extended. Therefore, we must file a corresponding non-provisional application for patent (also referred to as a Utility Patent Application) during the 12-month pendency period of the provisional application in order to benefit from the earlier filing of the provisional application.
Notably, if we prepare and file the corresponding Utility Patent Application during the 12-month pendency period, your patent pending cost will be credited. So, obtaining your patent pending status can be free.
At Collaborative IP, collaboration with inventors is our specialty, and collaboration will save you money. Instead of hourly rates, we offer fixed price patent packages that are budget friendly so you will know the entire cost without any surprises. These packages include a one-time payment and include the USPTO filing fee (currently $140 for “small entities” that are less than 500 employees). That’s it, no additional fees to obtain “Patent Pending” status.