Benefits of Filing a Provisional Protection Patent

If you’ve been working on an invention for some time and want to protect it from others, a provisional protection patent is an ideal solution. It allows for an early filing date and can save money in the long run.

It’s also an effective way to alert competitors and deter copycats. But it should not replace formal patent applications; as such, consult a professional before taking this route.


Filing for a provisional protection patent has several advantages, particularly for cash-strapped start-ups. It’s an economical way to safeguard an early invention and allows inventors to launch their idea into the marketplace while awaiting formal patent application proceedings.

Inventors have the unique opportunity to test their invention and determine if it will be profitable or viable before investing significant time, money, and resources into patent examination and preparing a non-provisional patent application. This provides for an easier transition from concept to successful product, plus it may even assist with fundraising or seeking investment capital for their invention.

One of the primary advantages of a provisional application is its priority date, which gives applicants 12 months to develop their invention and determine if it can be successfully patented before entering into full patent prosecution. This invaluable resource for inventors makes all the difference in their project’s success.

Another advantage of a provisional application is that it grants inventors worldwide patent rights on the subject matter covered by the application. This is an invaluable advantage, as it gives patentees strong support in defending their patent against challenges from other jurisdictions.

Provisional patent applications can contain anything that proves the invention at the time of filing, such as a written description, examples, drawings and at least one claim. A comprehensive specification is ideal but any written material meeting the best mode and enablement requirements can be considered for consideration in a provisional application.

Additionally, a provisional application can be used to identify inventors who may not otherwise be recognized by law as the owners of patent rights in an invention. For instance, if an inventor is required by employment agreements or institutional intellectual property policies to assign their patent rights to their employer, then a provisional application could be filed that names a co-inventor who may have an interest in the idea even if they do not actually possess the legal capacity to file for patent protection on it.


Entrepreneurs and inventors alike recognize the significance of protecting their intellectual property. After investing time and resources into researching, developing, and testing your product or invention, you want to guarantee that all of your hard work is safeguarded by a patent.

Filing for a patent can be time-consuming and costly, but it provides invaluable protections to your intellectual property. Not only does this act as an effective safeguard, but it may also enable you to receive financial reward for your invention.

The cost of a provisional patent application varies depending on several factors, such as the type of application you submit and the complexity of your invention. On average, however, provisional patent applications tend to be less expensive than non-provisional applications.

Provisional patent applications are an ideal way to gain initial protection for an idea without having to pay the government fees associated with filing a regular patent application. This is particularly helpful if your technology or idea has yet to be thoroughly tested.

It can also be advantageous to secure an early priority date, meaning your patent will be filed first and granted exclusive rights over your idea if issued. This gives you a competitive edge in the market place and could open up additional business opportunities for you or your company.

Provisional patent applications offer a lower filing fee than non-provisional applications, making them attractive to independent inventors who do not want to hire a patent lawyer to prepare their own application. While you can file your provisional patent application yourself, working with a licensed patent attorney is highly recommended in order to guarantee that your application complies with USPTO “best practices” and legal requirements.

Attorney fees for filing a provisional patent application are expected to total around $2,000. This cost includes planning and drafting your application, communicating with the United States Patent and Trademark Office (USPTO), as well as filing it. Plus, you’ll have to pay USPTO fees of $64 for micro-entities and $130 for small entities.


When it comes to patent prosecution timelines, there are several variables to take into account. Your invention’s field may influence how long it takes for you to receive a patent as well as whether or not you decide to handle the process yourself or hire a patent lawyer.

When filing for a provisional protection patent, the most significant factor to consider is how close to public disclosure you are when filing. This will establish the priority date of the patent and is crucial in securing success with your patent application.

Once your invention has been publicly disclosed, it’s essential to file for patent protection as quickly as possible. Doing so gives you the best chance at securing a successful application and protecting yourself against any potential infringement claims.

File your provisional application as soon as you can afford, in order to have it reviewed by a Patent Examiner within the one year deadline. Furthermore, be sure to include as much detail about your invention in your application, and then continue working on it to move it forward.

Provisional applications can be filed at various stages in the development of an invention, and it’s often possible to extend the life of the patent by filing additional non-provisional applications with priority to each filing. When this patent matures into an issued patent, it will expire twenty years from its filing date.

This extension can be an invaluable asset for inventors who need to get their invention off the ground and into production quickly, or those wishing to test how well certain aspects of their invention perform before filing a full patent application.

Therefore, a patent application can be filed with multiple provisional applications and then within 12 months of each one, file a full non-provisional patent application that claims priority to all the provisional applications. This ensures you get as close to priority in time to your invention as possible.


If you are an inventor or plan to be, a provisional protection patent can help begin the process of protecting your idea. It also gives you access to the patent queue while you raise money for full application.

When filing a provisional protection patent, you should create an extensive and accurate product description. Include the names of all inventors, the invention title, as well as any drawings that can help others understand your invention better.

Be sure to record any modifications made to your invention and incorporate them into the application. Doing this can prevent another inventor from piggybacking on your work and claiming they had the same idea earlier than you have.

A patent lawyer can assist you in comprehending the significance of a provisional patent and how to file one successfully. They will explain the advantages, risks and expenses associated with filing such a patent, as well as whether or not it makes financial sense for your business.

Once you have a clear understanding of how to file for provisional protection patent, it’s time to get started. You can file your application electronically through the United States Patent and Trademark Office (USPTO) system, which is free for anyone to utilize.

Your initial step should be to fill out and submit a USPTO Form SB-16. This sheet outlines all inventors, the invention title, address for correspondence with the USPTO, as well as a disclosure that needs to be signed.

Once your application is submitted and accepted, you can claim “patent pending” status on your invention for one year. This gives you ample time to refine and perfect the product before determining if patent protection is beneficial for your business.

However, it’s essential to remember that a provisional protection patent does not guarantee you will receive an issued patent. Rather, it serves as a signal to the patent office that you plan on filing a standard application for your invention in the future and thus gives you more of an advantage over someone who files their standard application after you.