What is a provisional patent?
A provisional patent application provides a 12 month period to further develop the invention, market and seek licensing agreements. A provisional patent is only a placeholder and a non-provisional patent application must be filed within the 12 month period based on the information contained in the provisional application. If no further action is taken within the 12 months, the patent is invalidated and the orignal file date (or priority date) is lost.
Compared to a traditional patent, provisional patent applications (PPAs) are simpler and more concise – frequently taking less than 10 pages. In the application, the filer explains the product’s design and the purpose that it serves.
There are a couple of major benefits to obtaining a provisional patent. First, inventors don’t have to worry about a manufacturer stealing their idea because the temporary “patent pending” label signals a potential lawsuit in the event of infringement. Secondly, PPAs allow inventors to perfect their concept prior to filing a full patent. Also important: It puts on the record an official filing date with the USPTO. Being the “first inventor to file” could be important in getting a patent later on.
What Our Clients Are Saying
"Andrew is awesome, knowledgeable, and informative. I will continue to use his services as he as helped me grow my business. This is only the beginning. We made a connection on the first call. I haven't felt well about a lawyer ever."
"Andrew and his team are top notch. The ultimate professionals. Our experience has been far above what was expected. We would recommend Andrew and his team with the highest rating possible! Talented and wonderful people!"
"As a small business owner, Andrew was invaluable to my business. Not only was his firm responsive and professional, Andrew went above and beyond and connected me with the right person in the industry for my business. I have tried a few small business lawyers and have to say he is by far the best."
"Andrew is a great intellectual property attorney. He's very transparent on price and was very thorough with the provisional patent. He made all the changes I asked for before we filed the patent and he runs a truly fixed fee intellectual property law firm. Other lawyers want to nickel and dime you for every change you make, which can be extremely difficult to pay for inventors just starting out or on a budget. He was easily accessible as well. If he missed my call, I would get a call back within an hour or two. It was a great experience overall and if you are looking for an intellectual property attorney I would highly recommend you look no further than The Rapacke Law Group."
"I hired Andrew to assist my company with a patent infringement and non provisional patent filing. Andrew is very knowledgable and easy to work with, and his pricing is very transparent and straightforward which I like. He was also very accessible which I needed during a critical time for my company. I'd definitely recommend and will hire again!"
"Andrew helped file the provisional patent on our new products. He is very responsive to answer questions and help us through this process. I plan on using his services again and again in the future."
"It has been a genuine pleasure to work with Andrew and his team of qualified associates. They helped get us setup, from corporate bylaws to reviewing lease agreements and so much more. I highly recommend The Rapacke Law Group."
"I used The Rapacke Law Group for an initial project a few months ago and have since used them several times. I am very surprised and impressed with their response time and the fact with them, fixed fee billing really means fixed fee. Andrew is great to work with and understands complex processes quickly. He and his team work quick; I get responses normally same day and the work product is first class. I would highly recommend this firm for your intellectual property, trademark and patent needs."
"Knowledgeable, personable, reliable, and motivated! Truly the best attorney I've had the pleasure to work with. Andy always makes himself available, working around to clock to make sure my needs are being met. He has introduced me to numerous people and truly wants his clients to succeed. I look forward to working with Andy for years to come!"
"Andrew and his team at Rapacke Law Group were able to provide our company with a product patent search and a detailed summary of the results indicating our invention is patentable for a major US retailer. Andy is a ultimate professional! I highly recommend Andy and his team to anyone looking for an intellectual property law firm. 5 Star firm for sure!"
"I hired The Rapacke Law Group to help protect my card game invention with a copyright and trademark. Andrew's team was wonderful in answering all my questions and get my invention protected. I highly recommend working with Andrew, and we definitely will be using him with my next invention. He provided excellent advising in the lead up to producing my prototype and assisted be reviewing all of my paperwork before filing for formation of my LLC. His expedient and thoroughly efficient approach has directly contributed to the foundation of my thriving new business."
"Andrew introduced himself to me at a Toy Fair in Chicago. We talked briefly about some projects that I was working on the time, but I already had representation. Andrew offered to give me some advise on a pending patent. I was impressed with his knowledge of the patent process. I hired him to help me with an office action on that same patent. I also hired Andrew to help me put together a Licensing Agreement. I feel that Andrew does a very good job of looking at the agreement from both sides of the fence. He has good judgement and wants to guide you, so that your expectations are realistic."
"Andrew has been a trusted resource for me on legal topics relating to my business and other areas as well. His ethics have been without reproach. Recently he passed on working with at least one prospective client because of ethical concerns that could have materialized down the road (he didn’t share the specifics). I believe his strong moral principles go well beyond the requirements of his oath and I appreciate him as a colleague. Plus, Andrew has been amazingly pleasant to work with, going out of his way numerous times to make introductions on my behalf. He is a fantastic professional resource and I recommend him without hesitation."
"Andrew helped our company to apply for a Trademark registration and a Patent. He is always available to answer any questions without charging extra fees for phone conversations or emails. We are very satisfied with the services his firm provided and would definitely recommend Andrew. Thank you!"
"Andy quickly understood our SCUBA product and was able to get our patent filled before we went to a trade show to show off the product. I will use Andy and his firm again."
"Andrew helped file my Utility patent on my latest invention. He was easy to work with and a great person above all. I plan on using his services again and again in the future."
"I have worked with Mr. Rapacke on licensing agreements, trademarks and a new patent. I found him to be highly intelligent and knowledgeable as well as extremely responsive - a difficult trio of traits! As a small business owner who has worked with several megafirms I found his approach extremely refreshing. His pricing was transparent and his use of technology to keep me up-to-date was nice. Rather than getting stuck with multiple surprise bills and expensive office action reports I was given one fair price upfront. This was much appreciated especially as it allowed me to budget properly. I would not hesitate to use him again or recommend him to other companies."
"Whether one of my current clients needs a referral for patent and/or trademark or copyright work or a business acquaintance needs some guidance, I know I can refer them to Andrew with confidence. Each client that I have referred to Andrew has returned with positive feedback regarding his professionalism, availability and genuineness to the project. I'm careful as to who I refer out as I feel it is a direct reflection on my work product as well which is why with Andrew, I have no hesitation."
"Attorney Andrew Rapacke is one-of-a-kind. He will answer all of your questions with a sense of care and takes the time to educate you about best practices for all your endeavors. His experience and expertise are bar none. No retainers, no fees for emails sent or phone calls made. Instead, tell him what you need and he'll provide that quality service with a quick turnaround all for a Flat Fee. Andrew Rapacke is also well connected. He can refer you top notch people in the industry that can help bring your product into fruition. I would recommend Andrew Rapacke to any friend that needs legal counsel for their business. For him and his team I will personally give a five star rating all across the board!"
- Outstanding experience! Andrew is friendly, knowledgeable and he delivered my patent on time and within budget. I look forward to working with Andrew on future projects and would not hesitate to recommend him to my friends and business colleagues.
Andrew Rapacke is a top notch professional. His prompt responses and great attitude are very refreshing these days. He is very reliable and always happy! Thank you, Andrew! the office has a great vibe and their staff is super courteous.
The Rapacke Law Group assisted me in filing for a registered trademark on my food product. I couldn't be happier with the quality and attention of their services!
"Andrew was most responsive when I needed a cease and desist letter sent quickly to a company who was infringing on my patent. His team did a great job gathering the information needed to draft the letter. I was most happy they were able to get the letter sent out before Black Friday. I highly recommend The Rapacke Law Group."
"Andrew Rapacke and his team drafted and filed my Office Action Amendment in a professional and knowledgeable manner. Andrew answered all my questions and helped me understand better the intricate workings of patent law. Highly recommended!"
- "Although I have been in business for 30 years, the trademark and patent process was new to me. Andrew took his time and explained the process thoroughly. He promptly submitted necessary documents and followed through until the project was complete. Very professional and knowledgeable."
"Attorney Andrew Rapacke and Attorney Bedrava provided excellent service for my intellectual property needs. If you need help with trademark, patents or understanding the process with the USTPO, The Rapacke Law Group is your team to contact."
"I recently had the Rapacke Law Group do some work for me. From the very first call, all the way to the very end and after they have been helpful, professional, and very timely. What I got was beyond what I expected. I would refer them over any others. The most pleasant friendly group ever."