Are You Looking For Ways To Protect An Invention?
If you’re an entrepreneur or inventor, filing a provisional patent might be your smartest first move. It offers an affordable and fast way to protect your invention while giving you time to refine it.
What Is a Provisional Patent?
A provisional patent application is a legal document filed with the USPTO that establishes an early filing date. Unlike a non-provisional (utility) patent, it does not get examined or issued as a patent. Instead, it acts as a temporary placeholder, giving inventors 12 months to file a non-provisional application.
You can use the term “patent pending” once a provisional is filed.
Why Start with a Provisional Patent?
For entrepreneurs launching a business or product, time and budget matter. A provisional patent:
- Secures an early filing date
- Buys you 12 months of breathing room
- Costs less than a utility patent
- Allows time for testing, funding, and design updates
This strategy is ideal if you want to pitch to investors or test your product in the market.
What Should You Include in a Provisional Patent?
Even though it’s informal, you still need to describe your invention in detail. Your application should include:
- A written description of how the invention works
- Any drawings or diagrams
- A list of potential variations
- The names of all inventors
Well-drafted provisionals make it easier to convert to a non-provisional later. Learn more about patent drafting.
Provisional vs Non-Provisional Patents
A provisional gives you time. A non-provisional starts the formal patent process.
Visit our guide on provisional and non-provisional patents to compare.
If you don’t file the non-provisional within 12 months, your provisional expires.
Strategic Uses of a Provisional Patent
Smart founders use provisionals to:
- Claim “patent pending” while securing funding
- Protect multiple iterations of the invention
- Delay higher USPTO and legal fees
- Prepare for an international patent strategy
If you’re planning global protection, learn about international patent protection.
Common Mistakes to Avoid
- Submitting vague descriptions
- Missing the 12-month deadline to convert
- Failing to file a non-provisional
- Assuming it grants patent rights (it doesn’t)
You must be clear and detailed. Avoid common patent mistakes.
Cost of Filing a Provisional Patent
USPTO fees for provisional filings are relatively low.
Legal fees vary based on complexity. Our flat-fee pricing keeps things transparent.
Timeline and Next Steps
After filing your provisional:
- Continue developing your invention
- Conduct a patent search (if not done yet)
- File a non-provisional within 12 months
Need help with next steps? Talk to a patent attorney.
Final Thoughts
A provisional patent is a smart, strategic way to protect your invention early. It gives entrepreneurs flexibility, time, and a chance to grow without rushing into costly filings.
But it’s not a shortcut—it’s a first step. Let’s make sure you take it right.