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.

How Can I Prove I Am Patent Pending for a Provisional Patent?

In the US, provisional patent applications are kept as confidential documents, away from public availability. There is no publically accessible database in which you can search or verify provisional patent filings. This is to protect and preserve your rights while your product is still in the beta/development phase. It also allows you to let the…

Can I Use a Video Recording of a Concert in My Documentary?

When using a recording of a concert, there are actually several copyrights at play. Copyright law is interesting, so bare with me. First, there is the copyright that belongs to the composer of the music. This copyright covers the “musical composition” – think of it as the ‘musical notes on a piece of paper.” No…

What Is a Trademark, Service Mark, and Patent?

A trademark is what you use as a source identifier of the product or goods you offer to the public. When consumers see your products or goods, they instantly recognize your brand as the source of those goods. A service mark is very similar to a trade mark. Except it doesn’t apply to products or…

Can I Get a Patent on My Idea?

CAN I GET A PATENT ON MY IDEA? Any person who has invented or discovered a new and useful process, machine, article of manufacture, or composition of matter may obtain a patent for it. This also includes any new or useful improvement on a past invention. Laws of nature and theories are not patentable. You…

Can I Get a Patent if I Already Made A Website for My Product?

CAN I GET A PATENT IF I ALREADY MADE A WEBSITE FOR MY PRODUCT? If your front-end technology has been fully described on your website for more than a year, you wouldn’t qualify for patent protection on the subject matter disclosed. However, the portions of your technology that have not been publicly disclosed for more…
IP Resource Center