What it is
A provisional patent application is the fastest way to establish a USPTO priority date for your invention. It's a complete written disclosure (and, when relevant, drawings) that locks in your filing date for 12 months, during which you can claim "Patent Pending" status, raise capital, refine the design, or evaluate commercial interest.
Within those 12 months you must file a non-provisional application to keep the priority date. If you don't, the provisional simply expires, and you risk losing your rights to the invention, especially if someone else files in the meantime or it's been publicly disclosed. The provisional itself is never examined and never becomes a granted patent on its own; it's a strategic placeholder.
What's included
- Drafting of a complete provisional specification with full enabling disclosure
- Inclusion of figures and drawings where they help support the description
- USPTO filing and confirmation of receipt
- 12 months of "Patent Pending" status from the filing date
- Strategy session before the 12-month window closes to plan the non-provisional
- Direct access to Lauren throughout, no junior staff handoffs
Who it's for
- Inventors who want priority date protection while still refining the invention
- Founders preparing to pitch investors who need defensible IP claims
- Anyone testing market viability before committing to a full non-provisional
- Inventors planning to disclose at trade shows, in publications, or to potential partners
Process and Timeline
- Free consultationYou describe the invention, we discuss timing and strategy, and confirm a flat fee.
- Disclosure intakeYou provide a written description, drawings, prototypes, or any reference material.
- DraftingLauren personally drafts the provisional specification with the full level of detail required to support a strong non-provisional later.
- Review and revisionsYou review the draft, ask questions, and request changes. Two rounds of revision are included.
- USPTO filingWe file electronically with the USPTO and send you the confirmation receipt and assigned application number.
- 12-month checkpointAs the priority window approaches, it's time to plan the non-provisional or consider other next steps.
Pricing
Provisional Application
Flat fee for drafting and filing your provisional. Pricing scales with invention complexity, and you'll always have the full quote before any work begins.
- Consultation reviewing the invention and your goals
- Custom-drafted provisional specification
- Claim-style language for the key inventive features
- USPTO electronic filing and confirmation receipt
- 12 months of "Patent Pending" status
- Strategy session before the 12-month window closes
- $500 credit toward a non-provisional on the same invention
Frequently Asked Questions
Does a provisional give me enforceable patent rights?
No. A provisional gives you a priority filing date and the right to use "Patent Pending" status, but you don't have enforceable patent rights until a non-provisional issues as a granted patent. The provisional's value is that priority date and the 12 months of strategic flexibility.
What happens after the 12 months?
You file a non-provisional application that claims priority back to your provisional, or you let the provisional lapse with no further consequence. We strongly suggest getting in touch with us at least 2 months prior to the expiration of the 12 months if you are considering moving ahead with a non-provisional application.
Can I make changes during the 12 months?
Yes. Improvements and refinements you add to the non-provisional are protected back to the provisional date, but only as far as they're supported by the original specification. That's why thorough drafting at the provisional stage matters.
Should I do a prior art search first?
It's strongly recommended. Filing a provisional on something already disclosed in the prior art is wasted effort.
Can I write the provisional myself?
You can, but a poorly drafted provisional often fails to support the eventual non-provisional, which means you lose your priority date for any claims not adequately disclosed. Professional drafting at this stage protects the value of the filing date.