Myth: “I Don’t Need a Patent Attorney for a Provisional Application”

It’s tempting to save money by going it alone or using a low-cost online service, but this isn’t always wise.

Here's the Truth

Legally, you can file on your own, but many DIY provisional applications don’t hold up later. Most DIY provisional applications, and ones done through a low-cost online service (even the ones with “attorney assistance”), lack the detail needed to fully support a later non-provisional patent application. That weakens your intellectual property and could lead to costly rework, or worse, unavailable rights.

Without the proper structure, terminology, and legal foresight, you might miss important disclosures that limit what you can claim. Many inventors end up needing to refile entirely and lose their early filing date.

Here's What to Do

At least consult with a registered patent attorney. Many offer flat-fee or review services for provisional applications. It won’t be cheap, but it’s money well spent, especially compared to the cost of attempting to fix an insufficient filing.

If you’d like help with a patent, let’s talk. You can use my contact form or book a consultation online at kingpatentlaw.com or by calling my office at 312-596-2222 or 217-714-8558.

Please check out the other posts and pages on my website for more information on patents and other intellectual property and business law issues.

Picture of Julie King

Julie King

Julie is a licensed patent attorney and the founding attorney at King Patent Law, PLLC, with over 25 years of legal experience. Her practice focuses on intellectual property, business, and estate planning, and she's passionate about helping clients use IP tools to protect and grow their businesses. When she's not helping clients, you can find her at a live rock show, watching a horror movie, or playing the guitar (badly).

This content is for informational and educational purposes only. It is not legal advice and does not create an attorney-client relationship. For advice about your specific situation, consult with a licensed attorney.

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