Why We Offer This Service

While we recommend that patent applications filed with the USPTO should be prepared and filed by a qualified patent attorney, we realize that some inventors are willing to take a calculated risk to save money up-front in the patent process. The purpose of this very limited service is to ensure that self-drafted provisional applications are at least properly filed with the USPTO (ensuring proper invention disclosure is solely up to you). If you have any doubts about self-drafting your own provisional application, you probably shouldn’t.  Make sure to read all of the information below before proceeding with this very limited service. 

For $149 (plus the USPTO filing fee), Neustel Law Offices, LTD offers this limited provisional patent application filing service for inventors that have chosen to prepare their own provisional patent applications. After we receive the retainer and the self-drafted provisional patent application, we will file your provisional patent application with the USPTO in the names of the inventors.  We will notify you of your official filing date and serial number via e-mail after we have filed your provisional patent application with the USPTO.  After the filing of the provisional patent application, if the inventors would like the ownership of the provisional patent application legally transferred to a company via a patent assignment agreement, you will need to execute and record a separate patent assignment agreement at the USPTO which is not part of the Provisional Filing Service.

We Reserve the Right to NOT Accept Representation

Please note that Neustel Law Offices reserves the right to not accept representation with your provisional application for any reason and without explanation so you should only rely upon a submitted order once we have confirmed (1) we have accepted representation and (2) we have notified you that your provisional application has been officially filed at the USPTO.  Examples of situations where Neustel Law Offices will not accept representation include, but are not limited to, the following situations:

  • you want to only refile the same provisional application or the same provisional with new subject matter (we do not typically do this because of the loss of priority);
  • we have a conflict of interest with the subject matter of your invention;
  • we do not believe it is in our best interests to provide representation in the matter;
  • it is difficult to provide representation;
  • any other reason.
If we do not accept representation, we will will notify you via email and you will need to contact a different service provider to file your provisional application.

If you are uncomfortable with preparing your own provisional patent application, Neustel Law Offices, LTD will professionally prepare and file your provisional patent application for a flat-fee. If this is an option you would prefer, please Contact Us to learn more on how to get a fee quote from Neustel Law Offices, LTD.

What You Do NOT Get

If we decide to accept representation in filing your self-drafted provisional application, you will NOT get the following from Neustel Law Offices, LTD with the provisional filing service:

  • No Review, Proofreading, Editing or Other Modification. We will not review, proofread, edit or otherwise modify your self-drafted provisional application.  Again, we only file the provisional application “as-is” (i.e. only exactly as you provide it to us).  It is completely up to you to prepare and decide if you have included sufficient information for your provisional application.

  • No Guarantee of Fast Filing or Filing Prior to Deadline.  We are a small law firm so employees get sick, our work schedule has other commitments, emails sometimes get lost, sometimes inventors do not timely respond to our requests for additional information and other issues just like any other small law firm.  We make no guarantee that your provisional application will be filed by any deadline (even a deadline you expressly provide to us in writing).  You need to provide us with the final version of your provisional application that is ready for filing at least one week prior to any deadline you may have.  You should not use this service if you have a short deadline to file your provisional application by.
     
  • No Advice Outside the Provisional Service.  We will not provide advice outside our very limited role to file the provisional application with the U.S. Patent & Trademark Office.  For example, if you have questions regarding patent strategy, timing of filing, foreign patent rights or other questions not related to our limited service of filing your self-drafted provisional application, you will either need to retain a different patent attorney to assist you or retain our law firm to give such advice (we require an additional retainer for any services provided outside the limited scope of services).
     
  • No Review for All Subject Matter Included.  We will not review your self-drafted provisional application to help you determine if you properly drafted the provisional application to include all of the subject matter of your invention — that is solely up to you to decide.

  • No Patent Assignment Agreement.  We will not prepare or record a patent assignment agreement relating to your provisional application.
     
  • Nothing Else Unless Expressly Stated in Writing!  Unless we expressly state you get something in writing for the very limited provisional filing service, you will not get it!

What You Only Get (Very Limited Services)

If we decide to accept representation in filing your self-drafted provisional application, you will only get the following limited services from Neustel Law Offices, LTD with the provisional filing service:

  • Electronically File Self-Drafted Provisional Application “As-Is”. Usually within 1-2 business days of receipt of your self-drafted provisional application, we will electronically file it as-is with the USPTO in the name of the inventor(s) (without review, proofreading, editing or other modification by us – it is completely up to you regarding the subject matter you include in your provisional application and not Neustel).
     
  • Notification of Filing. We will electronically notify you that we have filed your U.S. provisional application with the USPTO.
     
  • Copy of Filing. We will electronically provide you with a complete copy of everything that was filed with the USPTO on your behalf (PDF format).
     
  • USPTO Filing Receipt. We will notify you and provide you with a copy of the USPTO filing receipt that we receive which will include your official serial number and filing date. 
If you have an emergency filing deadline (e.g. a one-year public disclosure date approaching shortly), talk to our staff immediately to determine the best method of providing the provisional application to us (NOTE: we cannot guarantee that we can file a provisional application by any deadline you state — if you have a deadline you need to provide us with the provisional application to file at least 1 week prior to the deadline). Please keep in mind that we do not review your self-drafted provisional application to ensure that you are satisfying the legal requirements of 35 U.S.C. 112, first paragraph.  You can request the Patent Attorney Review if you would like Michael Neustel to review your Provisional Patent Application.

PROVISIONAL FILING SERVICE REQUEST FORM

To request the Provisional Filing Service, please complete and submit the form below.  By selecting the Order Now button below, you are agreeing that (i) you have read the information above, (ii) you fully understand the risks of self-drafting a provisional patent application, and (iii) Neustel Law Offices, LTD may not accept your case and may return all original documents/payments without filing your provisional patent application for various reasons at their sole discretion including but not limited to conflict of interest.