Provisional Patent Application: The Fastest Way to Get Patent Pending
A provisional patent application is your gateway to the coveted ‘patent pending’ status, offering a crucial head start in the competitive world of innovation. By filing…
[INDUSTRY]Defense technology
Defense patent attorneys for defense tech startups
We protect the technology, its design and its name, with contract rights and export rules planned in from the start. One flat fee for each step.
Your attorneys
Andrew RapackeManaging Partner · Registered Patent AttorneyElectrical and computer engineering. Former Naval Engineering Officer.
Ken BrooksRegistered Patent AttorneySoftware, AI and machine learning, electrical and mechanical systems.
[01]Who it's for
For the people who build for defense.
From a two-person startup to a contractor with a growing portfolio, the work starts the same way. Find out what is new, protect it before it is shown, and keep track of who owns it.
Defense tech startups
Founders building for defense customers, protected before the first demo, pilot or investor meeting.
Government contractors
Companies doing funded research or development, with the contract's patent rights clause tracked from day one.
Dual-use product teams
Technology sold to commercial and defense customers alike, from sensors and materials to communications.
Autonomy and robotics teams
Unmanned systems and the navigation, sensing and control software that runs them.
[02]What's protectable
Four things worth protecting in defense technology.
Most defense and dual-use products carry more than one kind of protection. A patent on how it works, a design patent on how it looks and a trademark on its name each stop a different kind of copy.
01Utility patent
The technology and how it works
The mechanism, the structure, the materials and the way it is used. Claims are written around what makes your technology work better than what is fielded today.
- Sensors and communications
- Advanced materials
- Power and energy systems
- Methods of manufacture
Flat fee, quoted before work begins02Utility patent
Software and dual-use systems
Software for autonomy, sensing or secure communications, claimed as a specific technical process rather than an abstract idea.
- Autonomy and sensor fusion
- Secure communications
- Cybersecurity methods
Flat fee, quoted before work begins03Design patent
The look of the equipment
The ornamental design of a housing, a wearable or a control interface, protected for 15 years from grant.
- Housings and enclosures
- Wearable gear
- Control and display interfaces
USPTO denies it, full refund*04Trademark
The product and company name
Clear and file the name before it goes on proposals, capability statements and the product itself, so the name you build a reputation on is one you can keep.
- Product and platform names
- Company names
- Logos
Approved, or your money back*
Some things stay secret
A process, a formulation or test data no one can learn from the finished product may be worth more as a trade secret than as a published patent. Your attorney tells you which on your first call.
[03]The flat-fee path
Search, provisional, utility. Flat fees at every step.
Every step is quoted before any work begins, and the search fee is credited when you file. Most defense founders file a provisional before any public demo, trade show or paper, then the full application within 12 months.
01Start here
Patentability search
$999
Patentable or your money back. Credited when you file
- An invention discovery call with your attorney
- A search of US and foreign patents and published applications
- A written patentability report and a review call
Report in about 5 days
Not patentable, full refund*02Then
Provisional patent
$2.5k–3.5k
- A strategy call to capture how the technology works
- Drafted by a registered patent attorney
- You review and approve it before filing
Patent pending the day it is filed
Patentability issues, full refund*03Within 12 months
Non-provisional patent
$7k–12k
Drawings and USPTO filing fees included
- Claims and a full specification written for examination
- Formal drawings and USPTO filing fees
- Complex systems quoted flat on your call
Filed before your 12-month deadline
Flat fee, not covered by the guarantee
Alongside the patent
- Design patentFor the housing or interface, office actions included$3,200USPTO denies it, full refund*
- TrademarkFor the product name, USPTO fee for one class included$2,000Approved, or your money back*
*Refunds subject to the RLG Guarantee Policy in your engagement letter. Utility (non-provisional) patents are quoted flat and are not covered by the guarantee. How The RLG Guarantee works
[04]Government and export rules
Patent rules and government rules. Plan for both.
A patent decides who can make and sell the technology. Government contracts, national security review and export rules decide who owns it, who can see it and where you can file. The timing of each shapes the others.
PatentWho can make and sell it
- $99901$999SearchPatentable, or your money back
- File first02File firstProvisionalPatent pending, before any disclosure
- USPTO03USPTOSecurity reviewThe USPTO screens every application
- Month 1204Month 12Full applicationWithin 12 months
- 05GrantedRights you can enforce
ContractIf government money funded it
- Subject invention01Subject inventionInvention madeDuring work under the contract
- Usually 2 months02Usually 2 monthsDiscloseReport it to the agency in writing
- Set by the clause03Set by the clauseElect ownershipTell the agency you will keep it
- Set by the clause04Set by the clauseFileA patent application on time
- 05Government licenseA paid-up license for government use
Check export rules before you share
Filing abroad needs a USPTO foreign filing license first. Sharing drawings or technical data with a foreign person can count as an export under ITAR or the EAR, even inside the US.
Government money changes ownership
Under patent rights clauses such as FAR 52.227-11 and DFARS 252.227-7038, a contractor can usually keep ownership of an invention made under the contract. The government gets a nonexclusive, paid-up license, and a missed deadline to disclose or elect lets the agency ask for title.
Some applications are kept secret
Under the Invention Secrecy Act, now 35 U.S.C. 181, if a defense agency decides publishing an invention would harm national security, the USPTO orders it kept secret. Publication and grant are withheld, and sharing it needs the USPTO's permission.
File abroad with a license
For an invention made in the US, filing abroad within six months of the US filing needs a foreign filing license, usually granted on the filing receipt. Filing abroad without one can bar a US patent.
General information, not legal, contracting or export control advice. The rules that apply depend on your contract, your technology and how it is classified for export.
[05]Related services
Services for defense and dual-use companies.
One firm for the patent, the brand and the agreements around them.
- Utility patentsProtect how the technology works
- Provisional patents, covered by The RLG GuaranteePatent pending while you build and test
- Design patents, covered by The RLG GuaranteeProtect how the equipment looks
- Trademarks, covered by The RLG GuaranteeRegister the product and company name
- Technology transfer agreementsMove technology between partners
- IP licensing agreementsLicense technology in or out
- Non-disclosure agreementsShare with partners on your terms
- Trade secret litigationProtect confidential know-how
[06]Questions
Before you file.
Still deciding? Your first call is free and comes with a straight answer on whether to file.
Book A Free Strategy CallCan defense technology be patented?
Yes. Defense and dual-use inventions are examined under the same patent rules as any other invention. Every application is also screened for national security when it arrives at the USPTO, and if a defense agency decides that publishing it would harm national security, the invention is ordered kept secret.
What is the Invention Secrecy Act?
A 1951 law, now in 35 U.S.C. 181 and the sections after it, that lets the USPTO keep an invention secret when a defense agency decides that publishing it would harm national security. A secrecy order withholds publication and grant, lasts one year at a time and can be renewed. While it is in force, sharing the invention or filing it abroad needs the USPTO's permission.
Who owns an invention made under a government contract?
It depends on the contract's patent rights clause. Under clauses such as FAR 52.227-11 and DFARS 252.227-7038, the contractor can usually keep ownership if it discloses the invention to the agency and elects ownership within the deadlines the clause sets. The government gets a nonexclusive, paid-up license to use it, and a missed deadline lets the agency ask for title. Read your contract's clause early.
Do I need permission to file a patent abroad?
For an invention made in the US, yes, unless six months have passed since you filed here without a secrecy order. The USPTO grants a foreign filing license, usually on the filing receipt. Filing abroad without one can bar you from getting a US patent. Export rules, ITAR and the EAR, can also limit sharing technical data with foreign persons, even inside the US.
How much does a defense technology patent cost with your firm?
Flat fees at every step. A $999 patentability search, a provisional application at $2,500 to $3,500 depending on the invention, and a non-provisional application at $7,000 to $12,000 with drawings and USPTO filing fees included. Every fee is quoted before work begins, and the search fee is credited toward your application.
What does The RLG Guarantee cover for defense technology?
The patentability search, the provisional application, design patents and trademarks. If the search finds your invention is not novel, you get a full refund or another search. If patentability issues come up on your provisional, a full refund or more searches. If the USPTO denies your design application, you get a full refund. If it refuses your trademark, you get a refund or a new mark. Non-provisional applications are not covered. Refunds are subject to the RLG Guarantee Policy in your engagement letter.
[07]Learning Center
Go deeper before you file.
5 Examples of Trade Secrets and How They Fit into Your Intellectual Property Strategy
Explore 5 famous examples of trade secrets, from Coca-Cola to Google, and learn how to fit trade secrets into your IP strategy. Book a free IP strategy call.
Design Patent vs Utility Patent: Shield Your Product Design with the Right Legal Protection
One of the most common questions we encounter during our initial consultation is what type of patent application do I need? What are the differences between a design…
[08]Client reviews
Founders who filed with us.
4.7 across 614 public reviews on Google, Trustpilot and Avvo.
#1Top reviewed IP law firm*
Read client reviews“A detailed analysis and report was provided once the search was completed. They answered all of my questions in a timely manner and advised me on the best strategies moving forward.”
Brittany LongPrior art search · Client review “I can safely trust them with scientific and legal integrity regarding ownership and accountability of inventions.”
Hussain AtherPatent · Client review “I am now patent pending and patiently awaiting approval on my patent application.”
Thomas AndrewsPatent application · Client review
Reviews reflect individual client experiences. Quotes are excerpts. Prior results do not guarantee a similar outcome. *#1 top reviewed means the most public client reviews on Google, Trustpilot and Avvo of any US patent or trademark firm.
Protect the technology before you show it.
Talk through your technology with a registered patent attorney. The call is free, with no obligation.