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Provisional Patents
New Inventions Success

Provisional Patent

A provisional patent application is a temporary patent application in the United States that reserves a filing date on an idea without subjecting the application to all the requirements of the United States Patent & Trademark Office (USPTO). Provisionals have a smaller filing fee, are not examined, and last for one year before expiring. Before the provisional expires, the applicant/inventor must file a non-provisional patent application claiming priority to the provisional (your patent attorney knows what this means). If it expires before the second patent application is properly filed, the benefit of the provisional is lost.

Toy Car - Patent Drawing

Making Money With Provisional Patents

Just like regular patent applications (non-provisional and design), these short term patents can be sold. This means, if your idea is good enough, and you are able to drum up interest, you can file the provisional and then sell the idea.

Also, you can use your provisional application to "buy" your way into ownership in a company. Many inventors will do this in order to build a business around their idea.

Many product development, sales, and marketing companies like QVC and Home Shopping Network will require that you have a patent application filed on your product before they will let you sell through their network.

Having a provisional filed can be the door to making money on your idea!

Why They Are So Good


There are a few drawbacks to using a provisional application:

Common Mistakes

Avoid these common mistakes with provisionals:


Provisional patents are great! You can say patent pending your product; you can tell people about your idea; you can sell it on TV; you can get on with your life and make some money from a random thought! Get it done right and you can make it happen faster, better, and cheaper than going the regular route. Good luck!

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Mike Starkweather

Mike Starkweather
Patent Attorney

Mike was a patent examiner at the United States Patent Office. While there he examined over 300 patent applications. This experience has helped him to understand all the subtleties of getting a patent. You want that experience on your side.

Mike is extraordinarily creative in finding patentable features. Sometimes it requires thinking outside of the box to find the patentable features of an invention. He has an expertise at finding ways to get patents on new inventions that other patent professionals would not consider.

For a free consultation with Mike about your invention fill out and submit the form below

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