Provisional Patent Application USA – Requirements & Process

Are you planning to invent something new? If you are, then you must know more about patents and the way they work through their application process. Most of us are aware that a patent is to safeguard an inventor’s right over their discovery. 

There are different patent types and each of them has a role of its own. When applying for a patent, you must be very careful and must only apply as per your needs. Ideally, in the US there are three types of patents- Utility, Design and Plant.

  • Utility patents can be given to anyone with a new and useful discovery.
  • Anyone who invents a new design that is completely original and ornamental for an article manufactured originally can also get a patent under the design patent segment.
  • If anyone is capable of discovering a new plant produced asexually or sexually will get this patent form.

A provisional patent is not a document that when issued can turn into an issued patent. But under different circumstances, it too can act valuable.

What is Provisional Patent?

Provisional patents are of value to individuals who are filing a patent for themselves or a small group of inventors. If the work is still left to be done, it is best to file a provisional patent to gain more time for the process as inventing something completely new can be a lengthy procedure.

When you file a provisional patent, you gain two invaluable benefits from it.

  1. Your patent term clock does not start running immediately and it only acts like a priority filling opportunity for people.
  2. Next, your provisional patent is also a low-cost affair which means you don’t have to spend a lot to get it, unlike a non-provisional patent.

A provisional patent application is to be filled with the USPTO. A formal patent claim, oath or declaration is enough when signing in for a provisional patent. This kind of patent is operational for 12 months and if you wish to renew it that too must be done within this span and not later.

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Who is Eligible for Provisional Patent Application?

A provisional patent application is not at all an authorized patent instead, it is a provisional arrangement which allows you to file your patent whenever you are ready.

To be eligible, businesses will need to provide the following;

  1. Invention background details
  2. Invention Summary
  3. Appropriate drawings that describe the invention rightfully.
  4. Provide details about the description of the inventions.

What are Application Requirements?

What could be the application requirements for filing the provisional patent? Here’s a list to refer to.

  1. The invention title is essential alongwith the names of the inventors.
  2. Inventors must be able to determine a correspondence address for themselves and thereby should be able to provide one.
  3. Provide your attorney information as and where required.
  4. Go for US government ownership interest details as and when applicable.

Also read: KMTC Application Portal Registration Process 2023 – A to Z guide

How to apply for provisional patent application in the US?

File your patents online as and when you are ready for your provisional patent.

  • The first step is to register an online account with USPTO.
  • If you don’t have an account, create one by clicking on the Create USPTO account. Include your email address, complete name, and phone number in the assigned spaces within the format. Click on the terms and conditions and then press the Register tab.

Move to the alternative filling methods like EFS-Web, EFS-Web contingency and also move straight to the Patent Center.

Or else add the details about your patent and then move ahead by submitting the patent.


How long does a provisional patent application take?

A provisional patent will take somewhere within 4 – 6 weeks following the original meeting and application.

What is provisional patent application cost?

The standard patent filling fee is $300 but small entities can pay $150 and micro-entities can pay $75. Usual non-provisional patents will cost more and if your invention journey is midway, it’s best to file a provisional patent before going for the real one.


The provisional patent is a way to safeguard your original patent start date from beginning earlier than when you want it to. Additionally, the provisional patent can safeguard your invention from any unscrupulousness way before people actually come to know about it.

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