Provisional vs utility patent. Priority date vs full examination.
A provisional patent application establishes a priority date inexpensively without starting examination. A non-provisional (utility) application is the "real" application that gets examined and can result in a granted patent. Most inventors file provisional first to lock in the priority date, then file the non-provisional within 12 months when ready for full examination costs.
Start here.
Provisional locks in a priority date. Cheaper, faster to file. No claims required.
Provisional must be followed by non-provisional within 12 months or priority is lost.
Starts the examination process. Includes claims, specification, drawings.
You can mark your product "Patent Pending" once any application is filed.
Provisional: $1,500-$4,000. Non-provisional: $10,000-$30,000+ over examination.
The full picture.
What a provisional does
Establishes a priority date for the invention. Allows "Patent Pending" marking. Provides 12 months to file a non-provisional. Does not get examined; does not become a patent on its own.
What a provisional does not do
Does not get examined. Does not result in a granted patent. Does not protect the invention from copying (until a patent grants).
Requirements for provisional
Specification describing the invention, drawings if relevant, signed cover sheet, filing fee. Claims not required (though they are often included anyway).
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 before incurring non-provisional costs.
Non-provisional requirements
Detailed specification, drawings, claims (the legal scope of protection), oath or declaration of inventor, filing fee. Substantially more involved than provisional.
Examination process
Non-provisional gets assigned to examiner. First office action (often rejection citing prior art). Inventor responds with amendments. Iterations continue until grant or final rejection. 18-30 months typical.
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" for examination.
Common mistakes
(1) Skipping provisional and missing priority date. (2) Filing non-provisional without lawyer (claims errors are 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 without filing non-provisional.
Common questions.
What is the difference between a provisional and a utility patent?
Do I need both?
Which one actually protects my invention?
Why file a provisional before a utility patent?
How long does each last?
Is a provisional cheaper?
Can I go straight to a utility patent?
Should my LLC own the patent either way?
Can File.Business help me decide?
IP setup, done right.
Trademark filing, copyright registration, attorney-vetted IP assignment, and connection to specialty IP attorneys for patents.
This guide is educational. Specific IP decisions require professional legal advice.
How we deliver, end-to-end.
Four-step path from request to confirmation. State and IRS turnaround varies; our steps run in parallel where possible to compress the timeline.
Intake + scope
You tell us what you need through a short intake form (or a call for complex matters). We confirm scope, surface any gating issues (deadlines, missing documents, entity status), and quote any state fees that pass through at cost.
Prepare + verify
Our specialists draft the filing, verify entity details against state databases, run internal QA, and route any items needing your sign-off. You see drafts before anything gets submitted.
File with the authority
We submit directly to the state Secretary of State, FinCEN, IRS, USPTO, or whichever authority your filing requires. We pay state fees at cost and track the submission identifier in your account.
Confirmation + vault
Stamped certificate, IRS notice, or filing receipt arrives in your SOC 2 encrypted document vault the moment we receive it. Next filing deadline auto-added to your compliance calendar where applicable.
Built on the same infrastructure used by 220,000+ businesses.
SOC 2 Type II audited
Independent annual security audit covering access control, change management, incident response, and data handling. Current report on request.
All 51 US jurisdictions
Every state plus DC plus Puerto Rico - direct filings, not third-party reseller. We hold registered-agent qualifications in every state we operate.
Deadline guarantee
If we miss a filing deadline on a service you pay us to manage, we pay the state penalty. Specific to each plan and the filings it includes.
4.9 from 8,200+ verified reviews
Independently verified by Trustpilot + Google + our own NPS infrastructure. Customer success team within reach by email, chat, or phone.
60-day money-back promise
Change your mind in the first 60 days and we refund our service fee in full. State filing fees pass through at cost and are non-refundable once paid to the state.
E&O insured
Errors and omissions coverage protects you from service errors. Carrier and certificate available on request for enterprise clients.