How to file a provisional patent application

A provisional patent application in the U.S. is a lower-cost, simpler way to secure an early filing date for your invention before submitting a full (non-provisional) patent application. It does not lead directly to a granted patent, but it gives you 12 months of protection while you refine your idea or seek funding.

Here’s how to file a provisional patent application:

  1. Prepare a detailed description
    Include how the invention works, how it’s made, and what it’s used for. You don’t need formal claims, but you must make the description clear enough so that someone skilled in the field can understand it.
  2. Include drawings or diagrams
    Visuals help explain the invention and support your written description.
  3. File the application
    Submit it online via the patent office’s electronic filing system. Include all the necessary documents in the required format.
  4. Track the 12-month deadline
    You must file a non-provisional (formal) patent application within 12 months to claim the benefit of the earlier filing date.


Beyond the provisional filing, there’s the non-provisional patent application, which is a more formal and detailed submission.

How to File a Provisional Patent Application in the US?

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