Why filing a provisional patent application is one of your best choices
A provisional patent application is usually the first and most affordable step you can take as an inventor to secure your intellectual property. Unlike a standard, full patent application (the most common one is called a utility patent application), filing for a provisional patent application offers an excellent, agile way to protect your idea without committing to the cost or the complexity of a full patent. But, how is this achieved?
A provisional patent application grants a priority filing date that provides you with a 12-month window to develop your invention and decide on the next steps without too much commitment. However, as simple as it sounds, you need to know the details to get it right.
How much does it cost to get a patent?
A ballpark estimate would be 20-30 thousand dollars for a patent application to issue. However, the most important thing is to know what affects the price of a patent. There are many parameters affecting it, some of which are: filing, maintenance, professional patent search (searching if your idea is unique), attorney, drawings, office action (USPTO) fees, and more.
Filing a provisional patent application, step-by-step
Getting a patent head on is certainly not the cost-effective way. But, as we saw earlier, filing a provisional patent will give you 12 months to develop or adjust your idea. Let’s see what this looks like.
Before the first step on how to apply for a provisional patent, make sure you have completed step zero: performing a patent search to ensure your idea is unique. The United States Patent and Trademark Office (USPTO) offers free patent search tools that let you make a basic search. However, this is a basic search. An intellectual property attorney will provide a much better and comprehensive search. The patent search is very important to find what is relevant to your idea. When you hire an intellectual patent attorney to do the research (and pay for it), the attorney usually searches for relevant references all over the world. This gives you the best chance to find relevant publications and adapt to your invention so you have the best chance to succeed with your idea.
The first step is to understand that a provisional patent application enables you to establish an effective filing date for 12 months. In other words, for 12 months, your status is “patent pending”. In that period, your provisional patent application is not examined on its merits. Before the 12 month period is finished, you have to file a corresponding non-provisional application if you want to continue with your idea. This means you need to file a utility patent application.
But the filing date can become extremely important down the road. The effective filing date gives the patent owner proof of when the invention was filed. This can become very important if another inventor invents something similar, because the first inventor would have proof of that date. Timing is very important in patent law, and whoever has the earlier filing date is in a much better position.
Also, when you have a provisional application filed and pending, another good option to explore is licensing your invention.
Prepare a detailed description of your invention
Your provisional patent application must include a detailed written description of your invention in order for someone skilled in your field to comprehend everything about it and be able to replicate it. Provide clear explanations, drawings, diagrams, etc.
Provisional Patent Example: Assume that your invention is an adjustable smart desk with integrated health monitoring.
Background of your invention: Why did you choose to invent it, what are the needs that it satisfies?
E.g. back pain, bad posture, heart rate monitoring, etc.
Summary of the invention: What are its characteristics? How does it work?
E.g. It automatically adjusts its height based on the user’s posture, health metrics, etc. It features sensors that track posture and heart rate, and the data is displayed on a screen.
Structural components: What are the inventions’ components?
E.g. Aluminum frame, wooden composite tabletop, charging devices, display screen, etc.
Potential Applications: Where can this invention be applied?
E.g. Corporate offices, homes, rehabilitation centers, etc.
This example is an indication of how you could approach describing your invention. You can also include drawings of your invention’s structure, and anything else that could describe more accurately what it is, and what it does.
Complete the Provisional Application Cover Sheet
In the provisional application cover sheet provided by the USPTO you will need to enter all the aforementioned information about your invention, as well as many more, like the inventors’ names, residence, and more.
Determine your Filing Fee
Based on the size of your entity and other parameters, the filing fee for your application will vary. A standard provisional application filing fee as of 8/1/2025 is:
For an application of 100 pages or less:
- Micro Entities: $60
- Small Entities: $120
- Large Entities: $300
For an application of more than 100 pages, there is an extra fee for each additional 50 sheets, adjusting the fees to:
- Micro Entities: $84
- Small Entities: $168
- Large Entities: $420
However, there are more parameters that can affect your filing fees. Check them out by searching for provisional application fees here.
The risks accompanying a patent
There are several risks that need to be taken into account when trying to secure a patent.
The first, immediate risk is with the patent application, as it usually becomes public 18 months after filing, exposing the invention to competitors even if the patent isn’t granted. You can request that a patent application does not become public at 18 months. However, every issued patent is published.
The rejection of the patent application from the USPTO is another risk, often occurring due to lack of novelty of the patent, non-obvious description of the invention, or insufficient disclosure.
Cost overruns are also a danger you should take into account, as patents can be expensive to obtain and maintain. Plus, there can be unexpected costs such as additional fees after USPTO rejections.
One of the most common risks of an inventor’s patent is not ensuring full protection of the invention. Being broad or vague in the description leads to limited coverage in court when a competitor attempts to design around your patent and not infringing your claims.
When talking about intellectual property, the risks are everywhere. And it’s natural that an inventor cannot support their innovation and their intellectual property alone. That’s why an expert needs to support and guide them.
What an expert patent lawyer brings to the table
Filing a patent is complex, with dangers lurking at every corner for your invention. This is why an expert patent lawyer become invaluable, ensuring your invention is unique, helping you to navigate through the application process, defining all weaknesses in your claims, addressing all USPTO rejections, and aiding you to maintain the patent.
All in all, protecting your inventions is about taking the rights steps. And we at Patent Profiler are here to help you navigate the complex path of intellectual property. From drafting your applications to managing your patents, our experts are here to support your innovation.
Check us out and secure your innovation stress-free.
