Provisional Patent

A provisional patent application temporarily secures your patent rights for up to one year. After you file the provisional application, you can claim Patent Pending status for your product.

Schedule a Consultation

Should You Start With a Provisional Patent Filing?

Summary

‘Patent Pending’ Status Guarantee

Patent Pending status is guaranteed to all Provisional Patent Applicants.

The Claim You Can Make Just From Filing

Upon filing, you can claim that your products, ideas, and innovations are “Patent Pending”.

You Receive Priority to Your Idea

Once you file, you have priority to your idea – even if later applicants can prove that they conceived of the idea before you.

A Good Option if Your Idea Isn’t Fully-Fledged

A Provisional Application is a great option if you have not fully developed your concept yet, or if you simply want “Patent Pending” status for securing investors or to place in marketing materials.

Schedule a Consultation

What You Need to Know

There Is No Extension

There is no extension to a Provisional Application. You must convert it to a full, Non-Provisional application within 12 months, or you will lose the benefit of your priority date (and maybe even your rights altogether).

The Risks of Disclosure

If you disclose your innovation to the public before you file a U.S. Provisional Application, you automatically lose your patent rights internationally.

Lack of Publicity and the Limited Role of the USPTO

A Provisional Application is never made public. The USPTO does not examine the contents of Provisional Applications, and only makes sure that they comply with formalities.

Get a Quote

Also See Our Other Patent Services:

Utility Patent Design Patent

Service Package

Optimization

Let’s Work Together

A licensed Patent Attorney will:

  • Contact you for a consultation
  • Guide you in drafting your application
  • Optimize your content with formalistic standards and technical requirements in mind
  • Review, formalize, and file
Get a Quote

Drafting

Leave it to Us

A licensed Patent Attorney will:

  • Contact you for a consultation
  • Assess patentability
  • Draft an optimized application including patent claims
  • Review, formalize, and file
Get a Quote

Premium

We’ll Do the Research

A licensed Patent Attorney will:

  • Contact you for a consultation & perform a patent search
  • Provide a search report and refund if necessary
  • Draft, optimize, and file your patent application
  • Review, formalize, and file
Get a Quote

Frequently Asked Questions

The inventor entitled to a patent would be the first inventor to file a patent application. This is known as the First-Inventor-to-File patent system that the U.S. adopted in March of 2013. The only way that the earlier inventor can restore his/her patent priority to the invention in this scenario is if the earlier inventor can prove that the first-filing inventor derived the invention from the earlier inventor’s public disclosure.

A Provisional Application for patent may be filed anytime after your invention is created – once you are able to coherently describe how to make and use it. It is recommended that you file a Provisional Application before you publicly disclose your invention. In this way, you can publicly disclose your invention and put the public on notice that your invention has “Patent Pending” status.

A Provisional Application for patent is the most cost-effective way to begin protecting your invention. It establishes your priority to the patent rights for your invention while you put the finishing touches on it, work up your Non-Provisional Patent Application, and seek funding and do market research.

With a Provisional Application on file, you can feel safe promoting your invention. Having a Provisional Application on file also means that you can disclose your invention with everyone on notice that your invention is “Patent Pending.” Best of all, Provisional Applications are not published or disclosed by the USPTO, so your invention’s secrecy is never compromised.

Patent Resources

Free, AI-powered Patent Search Tool. You can now run your own free, confidential preliminary patent search and generate a custom report of the results. No commitments or limitations! Click here to get started.

Can I Convert a US Provisional Patent Application to an International Patent Application?

Can I Convert a US Provisional Patent Application to an International Patent Application? A US Non-provisional application must be filed in the US or any foreign country within 12 months of its provisional filing date to benefit from the priority date established by the provisional application.  The provisional patent application provides the patent applicant with…

Can I Infringe on a Patent Application That Is Currently Pending?

CAN I INFRINGE ON A PATENT APPLICATION THAT IS CURRENTLY PENDING? Clients often present ‘patents’ they found through an Internet search and ask if they infringe the subject matter of the patents. This is a very loaded question that is difficult to answer. But before even getting to an answer, it is important to understand…

Can I Break a Provisional Patent into Multiple Filings?

CAN I USE A SINGLE PROVISIONAL PATENT INTO MULTIPLE NON-PROVISIONAL PATENT FILINGS? One provisional patent application may serve as the basis to as many non-provisional patents as you would like. As long as you file at least one non-provisional within 12 months of the provisional application, you can continue to file additional non-provisional applications claiming…

VIDEO: Do I Need to Know How to Make My Idea for a Patent?

Enablement is a means of establishing that you, the applicant, have a clear conception of the innovation or subject matter of the invention. Conception is key. There is no requirement for constructing, programming, or prior use of the invention needed to demonstrate enablement. The only requirement is to establish that you conceived of the invention. There are ways to obtain the rights to the invention from someone who initially invented it like designers, developers, or engineers. To learn more about who is an inventor check out our Inventorship Video.

VIDEO: Why File for a Provisional Patent Application?

PROVISIONAL PATENT APPLICATIONS Wondering if you should file for a provisional patent application instead of a full-fledge non-provisional patent application? Learn the basics about these two types of patents and decide which one is right for your business. Visit our blog for additional details on how to find the best patent attorney and additional patent…
IP Resource Center