Provisional Patent
Why start a provisional patent application
Get ahead of competitors
Secure your position with the USPTO to ensure no one else claims the rights to your patent by filing before you.
Promote as "patent pending"
Gain the ability to immediately label and market your invention as "patent pending."
Secure a priority filing date
Set a filing date ahead of others—valid for one year—and gain time to finalize your invention and utility patent application.
How to apply
1. Answer important questions about your invention
We’ll walk you through the application process step by step.
2. Provide everything yourself or get help from a pro
You’ll have the option to work with an illustrator to create technical drawings as well as an independent attorney or agent to prepare the application.
3. We’ll e-file your application
We’ll submit your completed application with the U.S. Patent and Trademark Office.
Frequently asked questions
A provisional patent application secures your rights to your invention for up to a year, allowing you time to refine it and complete your utility patent application. It effectively reserves your place with the U.S. Patent and Trademark Office, preventing others from claiming the rights to your invention by filing a patent before you.
We’ll guide you through the application process to ensure you understand and provide all necessary information. Here’s a list of key details we’ll need:
– Title of the invention
– Names and addresses of all inventors
– Correspondence address
– U.S. government interest/ownership (if applicable)
– Background of the invention
– Summary of the invention
– Detailed description of the invention
– Drawings of the invention (optional but strongly recommended)
You have one year from the filing date of your provisional application to complete your official utility patent application. This period cannot be extended, nor can you file another provisional application for the same invention.
No, provisional applications are for utility patents only.
A utility patent protects the functionality of an invention, while a design patent protects its appearance. Some inventions may be eligible for both design and utility patent protection, provided both the design and function are unique, and the design does not impact the functionality.