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Furthermore, because no examination of the patentability of the application in view of the prior art is performed, the USPTO fee for filing a provisional patent application is significantly lower ($65 - $325 as of January 19, 2025 [11]) than the fee required to file a standard non-provisional patent application.
Under United States patent law, the term of patent, provided that maintenance fees are paid on time, is 20 years from the filing date of the earliest U.S. or international application (that is to say, an application under the PCT system) to which priority is claimed (excluding provisional applications). [1] [2] [3]
Remarkably, between 1981 and 1989 "the USPTO met its commitment to reduce patent pendency (the time expended from patent application receipt to patent issue) to 18 months and became the world's fastest and most economical issuer of patents". However, since than the number of patent applications has been growing much faster (300 percent increase ...
Provisional patent applications can be filed with a small number of patent offices, particularly with the USPTO. In order for a US provisional application to establish a priority date for a future full (i.e. non-provisional) standard patent application, the disclosure in the provisional must be enabling.
A micro-entity is entitled to a 75% reduction in many of the patent fees payable to the US Patent Office during prosecution of a US patent application. The patent office is expected to develop regulations to identify which fees will be eligible for the reduction and how joint inventors may qualify as a micro-entity. [14]
In most countries, the filing of divisional applications is possible at least as long as the parent patent applications are pending. Since 2013, the European Patent Office rules are again in line with the current practice before the patent offices in the U.S., Germany, and Japan. [3]
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