What is the Cost of a Provisional Patent?

The provisional patent cost is the sum total of expenses that an applicant must pay in order to acquire a provisional patent. This includes fees paid to the relevant patenting authority, such as the State Patent and Trademark Office (USPTO), as well as those paid to third parties for additional services.

What is a provisional patent?

A provisional patent is a kind of application that inventors can use to set an early filing date for acquiring a full patent. It gives the applicant a pending status for 12 months, during which time they can prepare an application for a full, non-provisional patent. When the full application is submitted, it is then given priority and reviewed based on the earlier filing date, with legal rights and protections granted to the inventor once the full application is approved.

Provisional patents cannot be acquired for design patents, only utility and plant patents, with the former being most relevant in the context of e-commerce. Acquiring a provisional utility patent can be a cost-effective way to protect intellectual property during early stages, as it allows a seller to protect the rights to their invention without needing to pay the costs of a full patent application right away.

What comprises the cost of a provisional patent?

The cost of a provisional patent can vary, depending on the jurisdiction, the nature of the entity filing the application, and the nature of the invention itself. The following are primary components that typically comprise the cost of acquiring a provisional patent.

Filing fees: Patenting authorities charge filing fees to process provisional patent applications. As of 2025, the USPTO charges $60 for micro entities, $120 for small entities, and $300 for larger ones. Filing fees vary between jurisdictions, however, so it is important to check guidance from local authorities.

Optionally, the applicant may request a patent search before filing in order to determine the patentability of their invention. For utility patent searches, the USPTO charges $770 for large entities, $308 for small entities, and $154 for micro entities.

Attorney fees: Though not all inventors do so, it is generally recommended to seek expert legal assistance when submitting a patent application, including provisional patents. This is important as an experienced intellectual property attorney will be able to ensure that descriptions are comprehensively detailed and scoped to protect against potential challenges. Costs here may vary depending on the complexity of the invention in question, whether additional services are required, and the billing policies of the specific attorney.

Illustration fees: Depending on the nature of the invention, an inventor may need technical diagrams created to illustrate the claims and descriptions in their application. Quotes for this can vary depending on the illustrator and the level of detail required.