2025 Guide to Provisional Patent Applications

What is a provisional patent application?

A provisional patent application isn’t a patent in itself—it’s a temporary placeholder that establishes your invention’s priority date. In other words, it documents the date you first disclosed your invention to the USPTO.

You can file a provisional application for plant or utility patents (not design patents), after which you’ll have 12 months to prepare and submit your nonprovisional application—that is, the complete application that ultimately gives you full patent protection (provided the USPTO approves it). 

How to file a provisional patent application

Before getting started, keep in mind that you can’t just patent any idea—your invention must meet specific requirements set by the USPTO. This means your invention needs to be useful, novel, non-obvious, and thoroughly documented. 

If you’re unsure or want assistance with your application, it’s helpful to work with a patent attorney or trusted service like LegalZoom. We’ll walk you through the process to complete your provisional patent filing—or you can get help from our independent attorneys and illustrators, who can do it for you. 

When you’re ready to file your patent, you have the option to file through the USPTO’s online system or by paper form. For both filing methods, follow the steps below to get your patent process started.

Step 1: Prepare a detailed description of the invention

A provisional patent application has two main components: a cover sheet and a written description of your invention (called the specification). When you create a specification, you’ll want to include the following parts: 

• Title of the invention. Your invention’s name should be brief (2–7 words) yet descriptive enough to accurately represent what you’ve created. 
• Background. Explain the current state of your field and what specific problems your invention solves. 
• Summary. Describe the core purpose of your specific invention—not just general concepts, but what makes your particular solution special compared to what's already out there (known as prior art).
• Drawings. Include visual representations (e.g., diagrams or sketches) of your invention if they help explain how it works. 
• Detailed description. Write a thorough description of how your invention works, using clear language that someone skilled in your field could follow to recreate it. 

There’s more to writing a specification than what’s covered here, so be sure to read the Manual of Patenting Examining Procedures (MPEP) Section 608 if you work on it yourself. Keep in mind that an attorney will complete this part should you choose to work with one. 

Step 2: Complete the cover sheet

Next, you can prepare your application’s cover sheet. You have two ways to find and submit it: 

• USPTO Patent Center (for online filings)
• Form PTO/SB/16 (for paper submissions by mail) 

If filing online, you’ll first need to create an account through the Patent Center and find the provisional application submission tab. Then, you can fill in all required information to complete the cover sheet, including the following: 

• Inventor names
• Invention title (same title used in the specification)
• Mailing address where the USPTO should send all correspondence
• Attorney details (if you’re working with one)
• Whether any federal agency has rights to your invention

Finally, review the information for accuracy, double-check that you’ve filled in all required fields, and attach your completed specification. 

Step 3: Pay the filing fee

Before sending off your application, you’ll need to pay a filing fee. The USPTO uses a tiered fee structure to determine how much you’ll pay, as outlined in the fee schedule. Here are the current charges.

• Micro entity ($65): For applicants with fewer than 500 employees and an income not exceeding three times the median household income. Additionally, applicants can’t have been named on more than four previous patent applications or assigned/licensed the invention to a larger entity. 
• Small entity ($130): For independent inventors, nonprofit organizations, and small businesses with fewer than 500 employees. 
• Standard entity ($325): For larger businesses and organizations that don’t qualify for reduced rates. 

If you claim micro entity status, be sure to submit the proper certification form (PTO/SB/15A) with your application.

Step 4: Submit to the USPTO

The last step is to submit your complete application online or by mail. Keep in mind that the USPTO doesn’t formally review provisional applications to determine whether you have a patentable invention. Rather, this just documents your earlier filing date for when you go to submit the nonprovisional application. 

You have 12 months from your provisional filing date to submit a nonprovisional application to maintain your priority date. This deadline cannot be extended, so use the year wisely to refine your invention and prepare a thorough nonprovisional application. 

You can also work with LegalZoom once you get to this point—whether to submit a utility or design patent application. These are more complicated than provisional applications, so it’s a good idea to consult an attorney who can help you avoid common mistakes. 

What are the benefits and limitations of filing a provisional patent application?

For some, a provisional patent application might be the right first step to protect your invention, but this isn’t always the case. Consider these benefits and limitations to help guide your decision: 

Benefits

A provisional patent application has several advantages, including the following: 

• Simpler and less expensive filing. Provisional applications don't require as many documents (including a formal patent claim and oath declaration) and have lower filing fees.
• Establishes early filing date. You can establish your priority filing date with the USPTO, securing a place in line even as you continue developing your invention. 
• “Patent pending” status. You can mark your invention and signal to others that you’re actively pursuing patent protection. 
• 12-month preparation period. Get up to a full year to refine your invention, conduct market research, and work on your nonprovisional application—all while maintaining your early filing date. 

Limitations

Equally important, however, are the drawbacks of provisional patent applications. Here’s what you should keep in mind:

• No USPTO review. The patent office doesn’t examine provisional patent applications. In other words, you won’t know if your invention qualifies for a patent until you file your nonprovisional application.
• Strict deadline. You can’t extend the 12-month period to file your nonprovisional application, no matter the circumstances. After this point, your application will automatically be abandoned. 
• No actual patent rights. Although you can use “patent pending” status, you can’t take legal action against potential infringers until you receive a granted patent. 

If you have questions about provisional patents or want specific advice for your situation, it’s best to consult an attorney familiar with your invention type. 

Provisional vs. nonprovisional patent applications

A provisional patent application doesn’t actually grant patents, so why not just start the nonprovisional patent process instead? Here’s what you should know about each application and how provisional and nonprovisional compare.

Provisional patent application

A provisional patent application is essentially a placeholder with the USPTO. It’s a shorter application with lower filing fees that secures your filing date for 12 months while you prepare for your formal patent application. While it allows you to claim “patent pending” status, it won’t become an issued patent on its own unless your eventual nonprovisional application gets approved.

Nonprovisional patent application

This is the real deal—the actual patent application that the USPTO will examine. If approved, it results in a granted patent that lasts 20 years for utility patents or 15 years for design patents from the filing date. However, it comes with higher fees, more documentation, and ongoing maintenance costs throughout the patent’s life. 

How to ensure success with your provisional patent application

Intellectual property can be complicated, and patent law is no exception. Here are some general considerations to keep in mind when you start your provisional patent application: 

• Include complete details. Your description should be thorough enough that an expert in your field could theoretically recreate your invention. 
• Watch deadlines. Missing the 12-month window to file your nonprovisional application means losing your priority date—and the USPTO doesn’t issue refunds, either. 
• Document everything. You can’t add new information after submitting your provisional application, so be sure to include all relevant documentation beforehand. 
• Consider international protection. A U.S. provisional or nonprovisional application doesn’t secure your rights internationally. If you’re considering global protection, plan for separate filings in other countries. 

In many respects, the most effective way to avoid common mistakes is to work with professionals who have experience with the process. LegalZoom has helped inventors file over 65,000 provisional patent applications for all types of inventions, and we can help secure your priority date in just a few simple steps. 

FAQs

Does a provisional patent protect my idea?

A provisional patent application doesn’t give you direct protection—it only establishes your early effective filing date. However, the “patent pending” mark can help discourage other inventors from copying your work and creating the same invention. 

How long does it take for provisional patent approval?

Provisional applications aren’t examined or “approved” by the USPTO. They’re simply filed and held for 12 months. The examination process begins when you file your nonprovisional application, which typically takes around two years for the USPTO to review and decide (depending on the current processing times).

Do provisional patents get rejected?

Since the USPTO doesn’t examine provisional applications, they can’t be rejected outright. However, an inadequate provisional application might not effectively support your later nonprovisional application, which could lead to rejection during the actual patent examination. 

Do provisional patents need drawings?

Drawings aren’t required for provisional patent applications, but you can still include them if they help explain how your invention works. Many inventors work with professional illustrators for this part, as they can help draw the invention from multiple angles. 

Can I sell my idea with a provisional patent?

Of course, you can market or sell any invention you create (with or without a provisional patent application). That said, buyers and investors usually prefer to purchase granted patents. This is because provisional applications don’t guarantee exclusive rights—they’re just the first step toward patent protection.