# Provisional patent application attorneys

> File a provisional patent application with a registered patent attorney. Patent pending the day it is filed, one flat fee, covered by The RLG Guarantee.

Page: https://arapackelaw.com/patents/provisional-patents/  
Title: Provisional Patent Application Attorneys | Rapacke Law Group  
Breadcrumb: [Home](https://arapackelaw.com/) / [Patents](https://arapackelaw.com/patents/) / [Provisional patents](https://arapackelaw.com/patents/provisional-patents/)

A provisional application makes your invention patent pending the day it is filed and holds your filing date for 12 months. Drafted by a registered patent attorney, at a flat fee.

- Patent pending the day it is filed
- $2,500 to $3,500 flat fee
- Covered by The RLG Guarantee

## For inventors who need a filing date before they go public.

Most of our provisional clients are about to show the invention to someone. A provisional puts a date on record first, so a launch, a pitch or a manufacturer meeting does not cost them the patent.

- **Before a launch or demo** Lock in the date before the product, prototype or video goes public.
- **Before you raise** Show investors you are patent pending, and keep 12 months to decide on the full application.
- **While the design is still changing** File what works today, then add improvements in later provisionals as you build.
- **Before you talk to manufacturers** Put the invention on record before it leaves the room. An NDA helps, and a filing date helps more.

## A filing date now, the full application within 12 months.

A provisional patent application is a US filing under 35 U.S.C. 111(b) that holds your place in line. It is never examined and never becomes a patent by itself. Its value is the date it gives the full application you file later.

### What a provisional does

- **Locks in your filing date** The non-provisional you file within 12 months is treated as filed on this date, for everything the provisional describes.
- **Makes you patent pending** You can mark the product and your materials patent pending from the day it is filed.
- **Twelve months to build, test and raise** Time to see if the market wants it before you pay for the full application.
- **Starts your clock to file abroad** It opens the 12-month window to file a PCT application or file directly in other countries and keep the same date.

### What it does not do

- **It is never examined** No examiner reads it, so it says nothing about whether a patent will be granted.
- **It never becomes a patent on its own** It expires 12 months after filing. Only a non-provisional can become a patent.
- **It cannot be extended** The 12 months are fixed by statute. A new provisional gets a new, later date.
- **It does not let you sue anyone** Infringement rights start when a patent issues, not when you file.
- **It does not cover what it leaves out** Claims the provisional does not support get the later filing date instead.
- **It is not available for designs** A product's look is protected with a design patent application, which has no provisional version.

The $999 patentability search tells you whether the invention is worth filing before you spend on it.

## What goes into a provisional patent application?

A written description detailed enough that someone skilled in your field could make and use the invention, and any drawings needed to understand it. Claims are optional. What the description leaves out cannot be added after filing.

### What the USPTO requires

- **A written description.** How the invention is made and used, in enough detail to meet 35 U.S.C. 112(a). This is the part that decides what the filing date covers.
- **Drawings, where needed to understand it.** A drawing cannot be added after filing, so anything a reader needs to see goes in on day one.
- **A cover sheet.** It identifies the filing as a provisional and names every inventor, their residence and the title.
- **The filing fee.** Set by your entity size, as shown in the cost section below.

No claims, no inventor oath and no prior art statement are required. That is what makes a provisional faster and cheaper to file than a full application.

### Completeness is the test, not length

A provisional can be short or long. What matters is whether it describes every version of the invention you may want to claim, the alternatives, the materials or components that can be swapped, and how the parts work together. A slide deck or a one-page summary rarely does.

For the longer explanation, see [what a provisional patent application is](https://arapackelaw.com/patents/what-is-provisional-patent-application/).

> **How we draft it**
>
> We write a provisional the way we would write the full application, around how the invention works and what you will want to claim first. The later claims then have the support they need to keep your date.

## Written like the full application, filed as a provisional.

A provisional is only as good as the claims it can support a year later. So we draft it as if it were the full application. Your attorney captures how the invention works on a strategy call, then writes the description around what you will want to claim first, the versions a competitor might build, and the details that make it work.

You read the draft, ask for changes and approve it before it is filed. The filing date is locked in the same day.

> **Why it matters**
>
> The provisional sets the outer edge of what your filing date can cover. Detail left out now cannot be added later and still claim that date.

### More than one provisional as you build

If the invention keeps changing, you can file a new provisional for each improvement. One non-provisional can claim the benefit of several provisionals, as long as it is filed within 12 months of the earliest one. Each feature keeps the date of the provisional that first described it.

### Software, apps and medical devices

Software provisionals need the technical detail an examiner will look for later, not only what the app does for users. See [software patents](https://arapackelaw.com/patents/software-mobile-app-patent/) and [provisional patents for mobile apps](https://arapackelaw.com/patents/softwaremobile-apps/provisional-patents-for-mobile-apps/). For devices headed to the FDA, see [medical device patents](https://arapackelaw.com/patents/medical-device-patents/).

### What to bring to your first call

- A plain description of what the invention does and the problem it solves
- Sketches, photos, CAD files, diagrams or a prototype, if you have them
- The parts or steps that are new, and the versions you have considered
- What already exists, including competing products you know of
- Any dates you have shown, demoed, sold or published the invention

No prototype is needed. Your attorney turns the call into the description the application needs.

## Provisional or non-provisional. What is the difference?

A provisional holds a date. A non-provisional is the application the USPTO examines and the one that can become a patent. Most inventors file the first, then the second within 12 months.

*Provisional and non-provisional patent applications compared*

|  | Provisional application | Non-provisional application |
| --- | --- | --- |
| What it does | Holds your filing date for 12 months | Is examined and can become a patent |
| Claims | Not required | Required, and they set the scope of the patent |
| Examined by the USPTO | Never | Yes |
| How long it lasts | 12 months, with no extension | Pending until granted or abandoned. A granted patent runs 20 years from this filing |
| Made public | Not published | Usually published 18 months after the earliest filing date |
| Patent pending | Yes | Yes |
| Our flat fee | $2,500 to $3,500 | $7,000 to $12,000, with drawings and USPTO filing fees included |
| Covered by The RLG Guarantee | Yes, for patentability issues | No |

The year a provisional is pending does not count toward the 20-year patent term, because the term runs from the non-provisional filing date. Filing a provisional first can move the end of your patent out by up to 12 months.

For a deeper comparison, see [provisional patent vs non-provisional](https://arapackelaw.com/patents/provisional-patent-vs-non-provisional/).

## What happens at month 12?

Before the 12 months end, you file the applications that claim the provisional's date. If you file nothing, the provisional expires and its date is gone for good.

### File the non-provisional

The US utility application claims the provisional by a specific reference and must be filed within 12 months of it. It can add new material, but only what the provisional described keeps the earlier date. Our flat fee for it is $7,000 to $12,000, with drawings and USPTO filing fees included.

### File a PCT application

One Patent Cooperation Treaty application preserves your right to file in the PCT member countries and pushes those national filings out to about 30 months from your provisional's date. More on [PCT applications](https://arapackelaw.com/patents/patent-pct/).

### File directly in other countries

Under the Paris Convention, you have 12 months from the provisional to file in member countries and keep its date. Many countries have no grace period, so do not disclose the invention publicly before your first filing if foreign rights matter.

### Can a provisional patent be extended?

No. The 12 months are set by statute, and a provisional cannot be revived after they pass. If the deadline falls on a weekend or federal holiday, it moves to the next business day. A petition can restore the provisional's benefit for a non-provisional filed within 14 months, but only if the delay was unintentional, and it costs a petition fee. Do not plan around it.

> **Plan ahead**
>
> Start the full application well before month 12, so there is time to draft it properly and to add what you have built since the provisional.

More on timing in [the provisional patent timeline](https://arapackelaw.com/patents/provisional-patent-timeline/) and [provisional patent extensions](https://arapackelaw.com/patents/provisional-patent-extension/).

## Patent pending, backed by The RLG Guarantee.\*

If the search turns up patentability issues, you choose a full refund or more searches. Every step is a flat fee quoted before work begins, and the search fee is credited when you file.

### Start here, Patentability search

**$999** flat fee. Patentable or your money back. Credited when you file. Report in about 5 days.

- An invention discovery call with your attorney
- A search of US and foreign patents and published applications
- A written patentability report and a review call

Covered by [The RLG Guarantee](https://arapackelaw.com/rlg-guarantee/) (Not patentable, full refund).

### Then, Provisional patent application

**$2,500 to $3,500** flat fee. Set by the invention. Search fee credited. Patent pending the day it is filed.

- A strategy call on how it works and what to claim first
- Drafted by a registered patent attorney
- You review and approve it before filing

Covered by [The RLG Guarantee](https://arapackelaw.com/rlg-guarantee/) (Patentability issues, full refund).

### Within 12 months, Non-provisional application

**$7,000 to $12,000** flat fee. Drawings and USPTO filing fees included. Filed before your 12-month deadline.

- Claims and a full specification written for examination
- Formal drawings and USPTO filing fees
- Complex inventions quoted flat on your call

Flat fee, not covered by the guarantee.

## From first call to patent pending.

What happens at each step and who does the work. Timing shown is typical, never a promised date.

1. **Discovery call** (Day one). Walk your attorney through the invention. No prototype needed.
2. **Patentability search** ($999). US and foreign patents and published applications.
3. **Report and review** (About 5 days). A written report, then a call on whether and what to file.
4. **Draft and approve** (At your pace). Your attorney drafts the provisional. You review and approve it.
5. **Provisional filed** ($2,500 to $3,500). Your filing date is locked in and you are patent pending.
6. **Decide by month 12** (Month 12). The non-provisional, a PCT application, or both, claiming the provisional's date.
7. **Examination**. The USPTO examines the non-provisional. The provisional is never examined.

## How much does a provisional patent application cost?

With us, a flat fee of $2,500 to $3,500, set by the invention and quoted before any work begins. If you start with the $999 patentability search, that fee is credited toward your application.

*Provisional patent costs from search to the full application*

| Stage | When | What you pay |
| --- | --- | --- |
| **Patentability search** | Before you file | $999 flat fee, credited toward your application |
| **Provisional application** | Month 0 | $2,500 to $3,500 flat fee, set by the invention |
| **Non-provisional application** | By month 12 | $7,000 to $12,000 flat fee, with drawings and USPTO filing fees included |

The USPTO's own filing fee for a provisional is $325, or $130 for a small entity and $65 for a micro entity, from the USPTO fee schedule effective January 19, 2025. Your flat-fee quote states what it includes. Small entity status generally applies to companies with fewer than 500 employees, and micro entity status has income and filing limits.

For the full cost of a patent through grant, see [how much a patent costs](https://arapackelaw.com/patents/how-much-does-a-patent-cost/).

## What does patent pending status let you do?

Mark your product, packaging and materials patent pending from the day the provisional is filed. It tells competitors a patent may follow. It does not give you the right to stop them yet.

### Using the label

Use patent pending only while an application is actually pending. Marking a product patent pending when no application is on file, to deceive the public, is false marking under federal law.

### What it does not do

You cannot sue for infringement until a patent issues. Once the non-provisional is published, a later patent can carry a right to a reasonable royalty back to the publication date, but only for claims that issue in substantially the same form as published.

### Is a provisional application public?

No. The USPTO does not publish provisional applications. A provisional can become available to the public later, for example when a published application or patent claims its benefit. More in [are provisional patents public](https://arapackelaw.com/patents/are-provisional-patents-public/) and [what patent pending means](https://arapackelaw.com/patents/patent-pending-meaning/).

## Five mistakes that cost a provisional its filing date.

Each one is easy to avoid before filing and hard to fix after.

1. **Filing a thin provisional.** A pitch deck, an abstract or a few paragraphs. Claims the provisional does not support get the later filing date, and anything you disclosed in between can count against them.
2. **Describing one version only.** If the product changes and the new version is not described, the new version does not get the early date. Describe the alternatives you can foresee.
3. **Leaving out drawings.** A drawing needed to understand the invention cannot be added after filing.
4. **Missing the 12-month deadline.** The provisional expires by law and cannot be revived. Start the full application well before month 12.
5. **Treating patent pending as protection.** It is a warning, not a right. Keep using NDAs and keep the details confidential until the full application is on file.

## Before you file.

### What is a provisional patent application?

A US patent application that locks in a filing date for an invention without being examined. It lasts 12 months and does not become a patent by itself. You must file a non-provisional application within those 12 months to keep the date and pursue a patent.

### How much does it cost to file a provisional patent?

With us, a flat fee of $2,500 to $3,500, set by the invention and quoted before any work begins. If you start with the $999 patentability search, that fee is credited toward your application. The USPTO's own provisional filing fee is $325, or $130 for a small entity and $65 for a micro entity, and your quote states what it includes.

### Is a provisional patent worth it?

Usually, when you need a filing date before you are ready for the full application, such as before a launch, a pitch or a manufacturer meeting. It costs less than a non-provisional and buys 12 months. It is not worth much if it is too thin to support your later claims, which is why it should be drafted with care.

### What are the downsides of a provisional patent application?

It is never examined, so it tells you nothing about patentability. It expires after 12 months and cannot be extended. And it only protects what it describes, so a rushed provisional can leave your real claims without the early date.

### Does a provisional patent protect my idea?

It protects your place in line, not the idea itself. It gives you an early filing date and patent pending status. You cannot enforce anything until a patent issues from the non-provisional, so keep using NDAs and keep the details confidential.

### Can I file a provisional patent myself?

Yes. The USPTO accepts provisionals from inventors directly. The risk is that a provisional written without the later claims in mind may not support them, and the filing date only covers what the provisional describes. The USPTO itself recommends working with a registered patent attorney or agent.

### How long does a provisional patent last, and can it be extended?

Twelve months from the filing date. The period cannot be extended, and an expired provisional cannot be revived. A petition can restore its benefit for a non-provisional filed within 14 months if the delay was unintentional, but it is a narrow fix, not a plan.

### Do I need a prototype to file a provisional patent?

No. You need a description complete enough that someone skilled in your field could make and use the invention. Sketches, diagrams and CAD files help. Your attorney can work from those and from your explanation.

### Can I file a provisional for a design?

No. Provisional applications are only for utility and plant inventions. To protect how a product looks, file a design patent application, which you can do at any time before your design is public or within one year after you first disclose it.

### Does a US provisional patent protect me in other countries?

Not by itself, since patents are territorial. It does give you 12 months to file a PCT application or file directly in other countries and keep the provisional's date. Many countries have no grace period, so file before any public disclosure if foreign rights matter.

### Can I file more than one provisional patent application?

Yes. Many inventors file a new provisional as the invention improves. One non-provisional can claim several provisionals if it is filed within 12 months of the earliest one, and each feature keeps the date of the provisional that first described it.

### What does The RLG Guarantee cover for provisional patents?

The provisional application and the patentability search. If patentability issues come up on your provisional, you get a full refund or more searches, your choice. If the search finds your invention is not novel, you get a full refund or another search. Non-provisional applications are not covered. Refunds are subject to the RLG Guarantee Policy in your engagement letter.

## Your attorneys

- [Andrew Rapacke](https://arapackelaw.com/learn-more/the-team/andrew-rapacke/), Managing Partner, Registered Patent Attorney. Electrical and computer engineering. Former Naval Engineering Officer.
- [Ken Brooks](https://arapackelaw.com/team/ken-brooks/), Registered Patent Attorney. Software, AI and machine learning, electrical and mechanical systems.
- Chris Watt, Registered Patent Attorney, Former USPTO Examiner. Software, AI and machine learning, and MedTech. A full-stack software engineer.

Meet the team at https://arapackelaw.com/learn-more/the-team/

## More in Patents

- [Patents](https://arapackelaw.com/patents/)
- [Patentability search](https://arapackelaw.com/patents/patentability-search/)
- [Utility patents](https://arapackelaw.com/patents/utility-patents/)
- [Design patents](https://arapackelaw.com/patents/design-patents/)
- [Software patents](https://arapackelaw.com/patents/software-mobile-app-patent/)
- [SaaS patents](https://arapackelaw.com/patents/saas-patent-attorney/)
- [AI patents](https://arapackelaw.com/patents/ai-patent-attorney/)
- [Medical device patents](https://arapackelaw.com/patents/medical-device-patents/)
- [PCT patents](https://arapackelaw.com/patents/pct-patents/)
- [Patent office actions](https://arapackelaw.com/patents/patent-office-actions/)
- [Post-grant proceedings](https://arapackelaw.com/patents/post-grant-proceedings/)

## Go deeper on provisional patents.

- [How the Provisional Patent Timeline Impacts Startup Funding and Investor Confidence](https://arapackelaw.com/patents/provisional-patent-timeline/)
- [What is Provisional Patent Application: The Inventor’s Fast-Track Guide](https://arapackelaw.com/patents/what-is-provisional-patent-application/)
- [Provisional Patent Extension: How to Get More Time After 12 Months](https://arapackelaw.com/patents/provisional-patent-extension/)

[All provisional patent articles](https://arapackelaw.com/category/patents/provisional-patents/)

## Next steps

- [Book a free strategy call](https://arapackelaw.com/contact-us/) with a registered patent attorney, or call (954) 951-0154
- [Take the Intelligent IP Quiz](https://arapackelaw.com/intelligent-ip-quiz/) to see what to protect first
- [The RLG Guarantee](https://arapackelaw.com/rlg-guarantee/), the refund promise on four services

General information, not legal advice.