Why would someone pay a patent attorney to file a provisional patent application rather than just file a non-provisional application?

A provisional patent does have advantages even though it is not quite as advantageous as a utility patent. While it may seem like a waste of time and money the main reason to file a provisional patent is actually to save time and money. Another reason is to provide evidence that will help you in your later utility patent process.


  • A provisional patent application will establish your patent filing date — a very important date in determining ownership of a patent.
  • The actual provisional patent filing process takes less time from start to finish than the utility patent process.


  • Because the process is shorter in time, it will also be cheaper in terms of attorney’s fees.


  • If you are initially awarded a provisional patent, it will go a long way towards the success of your utility patent application because it will establish that your invention is deserving of a patent.

These are a few things to consider when deciding whether to file a provisional patent before filing for a utility patent and your decision should be based on a review of these plus any other factors you think are relevant to your business. But, a provisional patent application may be cheaper than you think. At LawTrades, we offer affordable, flat-fee pricing and can connect you with a patent attorney who can handle your application from start to finish. Don’t hesitate to get in touch for more information.