Free Provisional Patent Application

The purpose of the Provisional Patent Application is to create a document that can be submitted to the U.S. Patent and Trademark Office (USPTO) to secure provisional patent status for an invention.

The provisional patent application includes a cover sheet, a written description (referred to as the specification) and a series of drawings that describe in detail the structure of the invention and how it operates.

Use the Provisional Patent Application document if:
  • You have an invention that you want to protect with a provisional patent in advance of a full, non-provisional patent filing.

    Advantages include:
  • You can use a "Patent Pending" notice on your invention to deter others from copying your invention.
  • You have up to a year to decide whether you need to file a non-provisional application (which is much more costly and time consuming).
  • You establish an official patent application filing date. This is important because the U.S. now follows a "first to file" rule.

    Please note:
  • A provisional patent application will NOT get you a patent on its own. In order to obtain a formal patent, you must follow up the provisional application with a non-provisional application within 12 months. For attorney assistance with filing a non-provisional application click here.
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