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Provisional vs. Non-Provisional Patents: Which One Should You File First?
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Provisional vs. Non-Provisional Patents: Which One Should You File First?

AAmir AfsariJune 13, 20267 mins

As a solo inventor or startup founder, you might be wondering how to begin protecting your brilliant invention. Should you start with a provisional patent application, or dive straight into a non-provisional (utility) patent application?

Both options can lead to that coveted "patent pending" status, but they serve different purposes in your patent journey. In this post, we'll explain the differences between provisional and non-provisional patent filings and help you decide which one to file first for your situation.

What is a Provisional Patent Application?

A provisional patent application is essentially an initial, temporary patent filing that secures an early filing date for your invention at a relatively low cost and with minimal formality. Think of it as a "placeholder" for your invention in the patent office. When you file a provisional, you immediately get patent pending status and lock in a priority date – which is crucial in a first-to-file patent system[1]. Importantly, a provisional application is not examined by the USPTO. It doesn't need formal patent claims or extensive paperwork, making it faster and easier to prepare than a full application[2][3].

Some key features of a provisional patent application:

  • Lower Cost: Provisional applications have significantly lower filing fees compared to non-provisionals. For example, the filing fee for a provisional can be only around $100 or less for a small entity, whereas a non-provisional might cost a few times that amount in fees. The preparation effort (and cost) is also lower since it's less complex[4].
  • "Patent Pending" Status: Once your provisional application is filed, you can legally mark your invention as patent pending[5]. This lets others know you have an application on file, which can deter copycats and impress potential investors or partners. It provides a measure of confidence while you continue developing your product.
  • 12-Month Window to File Full Patent: A provisional holds your place in line for one year. You must file a corresponding non-provisional patent application within 12 months to claim the benefit of that early filing date[6]. After 12 months, a provisional expires and will never turn into a patent by itself. However, during that year you have the flexibility to refine your invention or seek funding before committing to the full patent process.

In short, a provisional application is a handy first step for many inventors. It buys you time to fine-tune your idea or business while locking in an early filing date for patent purposes[7].