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PatentA provisional is a placeholder. Locks in priority. Buys time. Cheap.
Provisional Patent Explained · File.Business

Provisional patent. Priority date + 12-month window.

A provisional patent application establishes a priority date inexpensively. Does not get examined. Must be followed by a non-provisional within 12 months. Common strategic choice for inventors needing time to refine the invention or assess commercial viability.

Key facts

Start here.

Key fact
What it does

Establishes priority date inexpensively.

Key fact
Does NOT get examined

Provisional alone never becomes a patent.

Key fact
12-month window

Must file non-provisional within 12 months or priority is lost.

Key fact
Cost

$1,500-$4,000 typical attorney fees + small USPTO fee.

Key fact
Patent Pending

Allows "Patent Pending" marketing immediately.

In depth

The full picture.

01

What a provisional does

Establishes a priority date for the invention. Allows "Patent Pending" status. Provides 12 months to file a non-provisional. Does not get examined; does not become a patent on its own.

02

What a provisional does NOT do

Does not get examined. Does not result in a granted patent. Does not provide enforceable rights until a patent grants.

03

Requirements

Specification describing the invention; drawings if relevant; signed cover sheet; filing fee. Claims not required (though often included anyway).

04

Strategic reasons to file provisional first

(1) Locks in priority date before product launch or public disclosure. (2) Cheaper initial filing. (3) Buys 12 months to refine the invention and decide on full filing. (4) "Patent Pending" status for marketing. (5) Provides time to assess commercial viability.

05

Non-provisional follow-up

Must be filed within 12 months. Detailed specification, drawings, claims (the legal scope), oath or declaration of inventor, filing fee. Significantly more involved than provisional.

06

Priority date

Provisional filing date becomes the priority date for the non-provisional, as long as the non-provisional claims priority and the same invention is disclosed in both. Critical for novelty: prior art before the priority date is the "prior art universe."

07

Common mistakes

(1) Skipping provisional and missing priority date. (2) Filing non-provisional without lawyer (claims errors costly). (3) Public disclosure before any application (loses foreign priority in most countries; US has 12-month grace period). (4) Letting the 12-month window lapse.

08

When NOT to file provisional

When you have full prepared non-provisional ready. When 12 months is not enough to refine. When you have no plan to file non-provisional anyway.

FAQ

Common questions.

What is a provisional patent?
A provisional patent application is a lower-cost, informal filing that establishes an early filing date for your invention and lets you use patent pending for up to twelve months while you prepare a full application. It does not itself become a patent. We explain how it fits your invention's path and the business structure around it.
How long does a provisional patent last?
Twelve months: a provisional gives you a year from filing to submit a full (non-provisional) application claiming its date, after which the provisional expires and cannot be extended. Missing the window forfeits the early date. We flag the deadline so the follow-up filing is not lost to the clock.
What does a provisional patent protect?
It secures an early filing date and lets you say patent pending, which can deter copycats and preserve your priority while you refine or seek funding, but it grants no enforceable patent rights on its own until a full patent issues. We help you understand what it does and does not give you before you rely on it.
Why file a provisional first?
It is cheaper and faster than a full application, locks in your priority date, and buys a year to test the market, raise money, or improve the invention before committing to the full cost. For many inventors it is a smart first step. We can point you to patent counsel and handle the entity that will own the IP.
Does a provisional patent become a real patent automatically?
No: you must file a full non-provisional application within the twelve months, and that application, not the provisional, goes through examination to become a granted patent. The provisional is a placeholder, not a patent. We flag the timeline so the conversion step is not missed.
How much does a provisional patent cost?
The government filing fee is modest, especially for small entities, though preparing a solid provisional with enough detail often benefits from professional help. The bigger cost comes later with the full application. We keep the business side, entity ownership of the IP, handled while you invest in the filing.
Should my LLC own the patent?
Usually yes: holding the invention in an LLC or corporation rather than personally cleans up licensing, investment, and liability, and investors expect IP to sit in the entity. Assigning the invention to the company matters. We form and structure the entity so it can properly own the patent.
What happens if I disclose my invention before filing?
Public disclosure can jeopardize your patent rights, especially abroad, and start a limited grace-period clock in the US, so filing at least a provisional before disclosing is safer. Talking to investors or showing a product too early is a common mistake. We can point you to counsel on timing and handle the entity setup.
Can File.Business help with the business behind my invention?
We form and structure the entity that will own your invention and IP, which matters for a provisional and everything after, and can point you to patent professionals for the filing. Getting ownership in the right entity early avoids messy assignments later, and we set that up.

Need IP protection?

Patents (through our attorney network). Trademarks (we file). Copyright registration (we file). IP assignment templates (free).

Patent law is highly specialized. Professional patent attorney advice is essential for filing.

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