When it comes to new products or technologies, who takes the bag – the first to invent or the first to file a patent for the invention?
For inventors in the U.S, what different types of patents & patent-filing processes can they apply for? Keep reading to find out…
What is a PPA?
A Provisional Patent Application is a type of utility patent filing used to establish an early filing date for an invention. It allows you to secure “patent pending” status for 12 months while you refine your invention or gauge its commercial potential.
Now, when it’s time to put your application together, how do I make mine solid, broad & defensible enough to protect my invention and keep my competitors at bay?
Don’t worry! In this post, we tell you everything you need to know about filing a provisional patent application in the U.S.
But first, let’s ask ourselves…
What’s a Patent?
A patent is a type of intellectual property created when the government grants a particular legal entity exclusive rights to make, use, or sell an invention they made. This could be a person, a university, a medical lab, a small business, or a big multinational. Some other types of intellectual property are trademarks, copyrights, and trade secrets.
Learn more about different types of intellectual properties here. If you are not sure what IP rights you have, you can use the USPTO’s IP Identifier to find out, while also learning how to protect them.
Now, let’s get one thing straight. There’s no such thing as a provisional patent, but there are still two different types of applications you can file with the US Patent Office: a Provisional or a Nonprovisional (or regular) one.
Ideally, you want a smooth transition from the provisional to non-provisional stage, but that’s not always possible. Preparing a provisional patent application takes time. The drafting process alone can take up to 1 to 3 weeks, so you might want to get cracking on your application as soon as possible.
But before we go over the procedures associated with a PPA, let’s try to understand the patent filing system in the U.S…
The First Inventor to File System (FITF)
This system is based on the idea that the first person to file a patent (not the first to invent) has the right to legally protect the invention. That said, the person claiming the patent still has to be the actual inventor.
Established under the America Invents Act (or AIA) in 2013, FITF represented a landmark moment in the development of IP law in the country as the government abandoned its historic ‘first-to-invent’ principle.
The lesson for inventors? Apply for a patent as soon as possible, even if you are still working on certain features, configurations or aspects of your invention. Most companies will only enter into licensing deals with you if your invention is patented or at least has a patent pending.
Start your journey to a full patent by filing a formal application with the patent office. Every country has one. In the U.S, all provisional patent applications are filed with the US Patent & Trademark Office.
All official correspondence about your patent applications should be directed to the following postal address:
Commissioner for Patents
P.O. Box 1450
Alexandria, VA 22313-1450
Upon filing an application, you get a filing receipt containing your provisional application number. Once filed, your status will remain pending (or active) for a year. During this time, you can mark your product, invention, or technology “Patent Pending”. This warns competitors that a patent may soon be granted, making it difficult for them to copy or steal your idea.
Once this 12-month window has passed, and you haven’t filed for a non-provisional patent, you automatically lose your ‘Patent Pending’ status. Remember, you cannot renew your PPA or file another one for the same invention.
What’s A Patent Search – Do I Need One?
Imagine working for weeks on a patent application, only to find out that there already is a patent for your invention. Not fun, right? To avoid wasting time & resources, run a thorough patent search first. You can do this using the USPTO’s Patent Public Search tool or Google Patents.
Benefits of a Provisional PA
The key advantage of a Provisional Patent Application (PPA) is that it secures a priority filing date for your invention. Compared to non-provisional patent applications, a provisional one offers the following additional benefits:
- Save money with lower filing fees (see below for detailed fee structure)
- You don’t have to wait till your invention is perfect – you can file a PPA as soon as your invention is concrete & tangible enough to describe
- They’re super-useful if you want to test your invention idea and see if it’s worth turning into a full patent later—like trying it out in the market first
In short, PPAs do NOT give you full patent rights, but they let you claim a filing date, which matters a lot under the FIFT system!
From Provisional to Non-Provisional Patent Status
Just to be clear, if you want to benefit from this early filing date, you will have to file a non-provisional patent application within a year of filing a provisional one.
Missed your one-year deadline? Don’t worry! You can still file a non-provisional up to 2 months after the one-year date.
However, this option is only available in cases where the delay was unintentional and you correctly filed a petition under 37 CFR 1.78(b). This may not be the best choice out there, as you have to pay additional fees when you do that.
Here’s a quick side-by-side of a provisional vs. a non-provisional patent application:
| Criteria | Provisional Patent Application | Non-Provisional Patent Application |
|---|---|---|
| Purpose | To secure an early filing date and get “Patent Pending” status | To start the formal patent examination process for obtaining a patent |
| Duration to File | Relatively quick: can be filed in a few hours to days | More complex: usually takes weeks to months to prepare & file |
| Legal Rights | Does not grant enforceable rights—just holds your place in line | Can lead to enforceable patent rights once approved |
| Term/Validity | Valid for 12 months (not renewable) | If granted, a patent lasts 20 years from the filing date |
| Examination by USPTO | Not examined | Fully examined by a patent examiner |
Should I File for a Provisional or Non-Provisional Application?
Whether you choose to file a provisional or non-provisional application ultimately depends on your specific goals and how you plan to use the patent.
If you are still in the early stages of your invention or testing process, you should file a provisional patent application. Go for a non-provisional one when you are at the final stages of your invention, and want the complete set of patent protections available to you under the law.
Check out the video below to learn about the basics of filing a PPA!
What Can You Not Patent?
You can’t patent everything under the sun. The U.S Supreme Court excludes the following from patent protection:
- Laws of nature
- Abstract ideas
- Natural phenomena
In addition, the Atomic Energy Act of 1954 also prevents the patent of any product that is used only for atomic energy or nuclear material.
Do I Need a Lawyer to File a Provisional PA?
Well, no. You don’t need a registered lawyer to apply for you – or on your behalf. You can do it yourself as a ‘pro se’ applicant. This is done as part of the USPTO’s Pro Se Assistance Program, a program designed to help independent inventors and small entities file patent applications without the help of a registered attorney or agency.
However, due to the complexity of the drafting process, you are advised to hire the services of a patent attorney who can write the application for you. An even cheaper option is working with a patent agent, who is licensed to file patents, but since they are not licensed attorneys, they cannot offer legal advice outside of patent matters.
How Long Does the Provisional Patent Application Process Take?
The process typically takes 1 to 3 weeks, depending on the number of revisions and changes during the review stages. It may take longer if your invention is complex or you’re gathering supporting materials (diagrams, prototypes, etc.).
Once an application is complete, you can file it with the patent office directly or send your completed application over to your attorney/agent to file on your behalf. To view the status and file history of your patent application, use the Patent Center and search using your provisional patent application number.
Utility Vs. Design Patents – What’s the Difference?
Both design and utility patents are issued by the USPTO, but they serve different purposes by protecting different aspects of your invention.
The utility patent (what we cover in our default template) protects the mechanics of your new invention. That is, the techniques, processes, working principles, materials, and methodologies underlying HOW the invention works.
On the other hand, design patents only cover the superficial aspects of the invention – in other words, its visual shape, form & design.
If your invention has a unique look or design, file a design application along with a provisional application. This allows you to protect both how your invention looks and how it works.
Filing Fees
You are also required to pay a standard provisional application fee to the USPTO.
Remember, the exact amount of fees applicable depends on the number of claims and the total length of the specification and drawings (i.e., number of pages or sheets).
It also depends on the type of patent application you are submitting (design, utility, plant, etc.), and whether you qualify for any discounts based on your status as a small or micro entity.
Based on fee rates over the last few years, this is what you can expect to pay:
- Large Entity ($300 – $350)
- Small Entity ($100 – $150)
- Micro Entity ($50 – $100)
To avoid unexpected costs, be sure to review the USPTO’s detailed fee structure before submitting your applications.
How To Write a Patent Application
A well-written PPA helps you protect what’s rightfully yours. As the first step to a legal patent, it’s important to include the right type of amount of information in your application. Rushing through a provisional application can backfire, leading to wasted resources and legal troubles down the road.
The thing is, you need to cover not just what you invented already, but also any alterations and variations that you might still want to explore. Once you start cashing in on your invention, this will protect you from competitors.
Whether you are filing yourself or through a third party, for a successful outcome, you must offer a complete description of your invention that an industry insider can use to understand or replicate it.
What We Bring to The Table
If you’re not sure about the required components of a patent application in the U.S., you can grab a pre-built template like ours. A ready-to-fill document containing necessary legal, technical, scientific, and regulatory elements merged into one comprehensive framework allows you to protect your IP rights in a fast-paced, innovative global market.
Our Provisional Patent Application template is free, print-ready, and available in Word, PDF, and Google formats!
Because our template is 100% editable, you can remove any sections that are not relevant to you or place them in a different order. You can also change the text, fonts, and formatting as you see fit.
Download our expert-designed PPA template now, and be on your way to a full legal patent for your invention!
Provisional Patent Application Template
Provisional Patent Application Template
Key Takeaways
- A PPA must fully describe the invention in sufficient detail such that someone skilled in the relevant field could make and use it. While a PPA allows inventors to discuss, pitch, or license their invention with legal priority in place, it must be done carefully (preferably with help from a registered patent attorney or agent!).
- A poorly prepared PPA can undermine inventor rights and serve as evidence that the invention was incomplete at the time of filing. Though patents are not required to sell or license an invention, having one—or at least a pending application—is often essential for attracting business collaborators and deterring competitors.
- A well-drafted PPA is a critical part of an inventor’s IP strategy; however, it must be kept in mind that this application stays active for only a 12-month window, and a non-provisional patent must be filed within this time.
