Provisional patent application
A provisional application is a first filing that sets a date and gives you 12 months. It is not examined, so what it describes decides what it is worth.
A provisional patent application is a lower-cost first filing that gives you a filing date and 12 months to file a non-provisional application. It is not examined, and it does not become a patent on its own. Its value is the date it secures and the time it buys.
What it gives you
- A filing date for what the application describes, which can matter if someone else files for a similar invention later.
- Twelve months to test the market, look for funding or refine the design before committing to the cost of a full application.
- The ability to describe the product as patent pending after filing.
What it does not do
| Question | Answer |
|---|---|
| Does it become a patent? | No. It expires unless you file a non-provisional application in time. |
| Is it examined? | No. The USPTO does not decide whether the invention is new. |
| Can I extend the 12 months? | No. The 12 months cannot be extended. A late non-provisional application can sometimes still claim the provisional's date if you file within 14 months and the USPTO grants a petition showing the delay was unintentional, but do not plan on it. |
| Does it protect me abroad? | It can support later foreign filings if they are made in time, but the rules differ by country. |
The common mistake: a thin description
Because a provisional is not examined, some people treat it as a placeholder and file a few pages of notes. That is the usual way the filing loses its value. The filing date generally applies only to what the provisional actually describes. If your later application claims a feature the provisional did not explain, that feature may not get the earlier date.
A strong provisional reads like a short version of the full application. It covers each part, how the parts connect, how the invention is made and used, and the variations you can foresee. Drawings help. Spend the effort here and the 12 months become a real head start.
How to prepare a good one
Gather the material before the call. Photos or sketches of every version you have made. A list of the parts and what each one does. The problem the invention solves and why existing products fall short. Any test results. Alternative ways to build it that you have considered. The registered patent attorney or agent turns this into a structured description, and gaps you fill now are gaps you will not need to explain after the filing date has passed.
When it makes sense
A provisional suits an inventor who needs a date soon, for example before a demo, a crowdfunding page or a meeting with investors. It also suits one who expects the design to change over the coming months. If the invention is already finished and well understood, going straight to a utility application can be simpler, and a registered patent attorney or agent can advise on which path fits.
What it costs
We quote a price for preparing and filing a provisional application. Call or send your details for the quote. USPTO fees are extra and depend on the applicant's entity size, which is large, small or micro. We show the USPTO amount on its own line. For the full fee picture, including later stages, read how much a patent costs.
Next steps
- Write down everything about the invention, as set out in how to patent an idea.
- Keep it out of public view until the application is filed.
- Call or email us. A registered patent attorney or agent drafts the provisional, and you approve it before filing.
- Put the 12-month deadline in your calendar. We track it too, and we contact you well before it arrives.
See patent registration for all four services, or browse the guides. If the product also needs a name, try the free trademark search.
Talk to us: Call +1 (619) 782-6859 or email hello@argostrademark.com
This is general information, not legal advice.