[SERVICE]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.
Backed byThe RLG Guarantee*Your attorneys
Andrew RapackeManaging Partner · Registered Patent AttorneyElectrical and computer engineering. Former Naval Engineering Officer.
Ken BrooksRegistered Patent AttorneySoftware, AI and machine learning, electrical and mechanical systems.
Chris WattRegistered Patent Attorney · Former USPTO ExaminerSoftware, AI and machine learning, and MedTech. A full-stack software engineer.[01]Who it's for
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.
Lock in the date before the product, prototype or video goes public.
Show investors you are patent pending, and keep 12 months to decide on the full application.
File what works today, then add improvements in later provisionals as you build.
Put the invention on record before it leaves the room. An NDA helps, and a filing date helps more.
[02]What it does
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.
The $999 patentability search tells you whether the invention is worth filing before you spend on it.
[03]What to include
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.
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.
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.
[04]How we draft
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.
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 provisionals need the technical detail an examiner will look for later, not only what the app does for users. See software patents and provisional patents for mobile apps. For devices headed to the FDA, see medical device patents.
No prototype is needed. Your attorney turns the call into the description the application needs.
[05]Your options
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 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.
[06]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.
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.
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.
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.
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.
More on timing in the provisional patent timeline and provisional patent extensions.
[07]The flat-fee path
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.
01Start here
$999
Patentable or your money back. Credited when you file
Report in about 5 days
Not patentable, full refund*02Then
$2.5k–3.5k
Set by the invention. Search fee credited
Patent pending the day it is filed
Patentability issues, full refund*03Within 12 months
$7k–12k
Drawings and USPTO filing fees included
Filed before your 12-month deadline
Flat fee, not covered by the guarantee*Refunds subject to the RLG Guarantee Policy in your engagement letter. Utility (non-provisional) patents are quoted flat and are not covered by the guarantee. How The RLG Guarantee works
[08]The process
What happens at each step and who does the work. Timing shown is typical, never a promised date.
Provisional patentSearch to month 12
[09]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.
| 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.
[10]Patent pending
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.
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.
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.
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 and what patent pending means.
[11]Avoid these
Each one is easy to avoid before filing and hard to fix after.
[12]Questions
Still deciding? Your first call is free and comes with a straight answer on whether to file.
Book A Free Strategy CallA 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
[13]Learning Center
Most inventors approach provisional patents backwards. They rush to file a bare-bones application, thinking it’s just a placeholder, only to discover 12 months later that…
A provisional patent application is a powerful tool for inventors looking to secure an early filing date without the complexities and costs associated with a full patent…
By Andrew Rapacke, Managing Partner, Registered Patent Attorney Between 40% and 48% of all U.S. provisional patent applications are abandoned without ever converting to a…
[14]Client reviews
4.7 across 614 public reviews on Google, Trustpilot and Avvo.
#1Top reviewed IP law firm*
Read client reviews“It gave us peace of mind knowing the total cost for this service was included in their flat-fee proposal.”
“Their writing allowed for protection of my invention's most important aspects, as well as giving me room to modify and adapt my product.”
“I am now patent pending and patiently awaiting approval on my patent application.”
Reviews reflect individual client experiences. Quotes are excerpts. Prior results do not guarantee a similar outcome. *#1 top reviewed means the most public client reviews on Google, Trustpilot and Avvo of any US patent or trademark firm.
Talk through your invention with a registered patent attorney. The call is free, with no obligation.
