“Mid-range” provisional applications often conceal serious
pitfalls. Yet, many firms draft these
documents for a temptingly small amount.
A provisional application is a client-prepared document that most Attorneys
will file for $1000 (plus government fees).
On the other hand, prices for an Attorney to draft a non-provisional
application lie along a broad spectrum typically between $8000 and $15,000
Mid-range provisional applications supposedly bridge the gap
between the two other types of application.
Typically, firms will ask between $3000 and $5000 to “prepare” a
mid-range provisional application. But
that preparation, in this blogger’s experience, is typically handed off to a
very junior Associate. They might spend
only a few hours on it thereby producing a few pages of text. Moreover, it is unlikely that, on such a
meager budget, that a senior Attorney will have any billable time to spend
reviewing it. Thus, from a legal “quality”
perspective, these documents tend to be poorly written.
Moreover, only rarely are any claims drafted as part of the
mid-range provisional application. Claims,
of course, are the heart and soul of a well-crafted application. Without claims to guide the drafting, the mid-range
documents tend to stray from what the point ought to have been. Moreover, it is possible for the drafter to
completely miss the point of novelty.
Further still, if they do manage to address the point of novelty, they
might give it only a cursory treatment.
Converting these excuses for patent applications without an
extensive re-write only compounds these problems. For during arguments with the Patent Office
(during the prosecution phase of the resulting non-provisional), your Attorney
often finds his hands tied by the original poorly drafted document. And many of these problems cannot be fixed
after the conversion. Bottom line: you
get what you pay for. Buyer beware.
We at the Villhard Patent Group would enjoy discussing your potentially patentable ideas with you. Please see www.villhardpatents.com for more information about us or call us at 512-897-0399.
