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SAM IP Patent Attorneys

Provisional Patent Applications

A utility patent application is the most common type of patent application filed with the United States Patent Office. There are two types of utility applications that can be filed, the nonprovisional application and the provisional application. Each year, the Patent Office receives around 500,000 utility patent applications. While the vast majority of these applications are nonprovisional applications many of them claim priority from previously filed provisional applications. 

A provisional patent application is not examined by a patent examiner and will never issue as a patent. A provisional patent should be viewed more as a place holder at the Patent Office. The provisional patent is a less expensive alternative to the nonprovisional application to get a priority date at the Patent Office. Once a provisional patent application is filed, you will receive a filing date which gives you priority over all other patents filed at the patent office after that date. It is important to remember that a provisional patent application is only good for one year. The provisional patent application must either be converted to a nonprovisional patent application, or a nonprovisional patent application must be filed which relates back to the provisional patent application within one year of the filing of a provisional patent application.

There are many advantages to filing a provisional patent application before a nonprovisional patent application. For starters, a provisional patent application takes less work and thus is not as expensive as a nonprovisional patent application. Further, much of the provisional patent application can be used in the nonprovisional patent application making the preparation of the nonprovisional patent application less expensive. Additionally, a provisional patent application may act to extent patent protection by one year essentially making the patent term 21 years. 

There are many advantages of having a patent attorney prepare and file your provisional application.  A patent attorney not only has the technical background to understand and properly describe your invention in the patent application, but a patent attorney also has the legal background to prepare your application in light of potential litigation. This legal knowledge and understanding in preparing your provisional patent application will be a huge asset to you when continuing on with a nonprovisional patent application to receive patent protection.

At Sam IP Legal Solutions, we have the legal and technical knowledge to provide you with the greatest degree of protection at an affordable cost. Contact us today to get started in securing your patent rights for your inventions.

Get Help Now


(650) 285-1799


Colorado & Eastern Utah........

(801) 753-9055

(435) 650-8019


For answers to questions or for counseling, please contact our office. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information until such time as an attorney-client relationship has been established.

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Contact Our Attorneys Today To Begin Your Patent Protection

Our patent attorneys are ready to listen to you and to tailor a unique plan that fits your needs and grants you the greatest degree of protection at an affordable price. We offer flat-fee quotes for provisional applications and hourly rates depending on our clients' unique situations and needs. If you are ready to begin your patent protection or have questions about the patent process, call us today or fill out our message form.   


(650) 285-1799


(801) 753-9055

(435) 650-8019

Colorado & Eastern Utah

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