Drafting A Provisional Patent Application

A provisional patent application is a legal document that allows an inventor to file for a patent without having to submit the full, formal application right away. This filing grants the inventor one year to determine whether their idea is commercially viable enough to justify pursuing full patent protection. A patent can restrict the size, shape, or design of an invention exclusively to the inventor.

What should a provisional patent application include?
Several disclosures can make a provisional filing more effective:

• Discuss the problem you solved: Every invention begins with a problem or issue you set out to fix. While not required for the patent itself, describing the problem strengthens the presentation of your solution.
• Identify what makes your idea unique: If existing solutions (also called “prior art”) fall short, highlight the added features that make your concept stand apart.
• Be broad and narrow in describing features: A solid provisional covers all core aspects of your invention in both detail and scope. For instance, if your product has features X and Y, describe them thoroughly—their dimensions, structures, relationships, functions, and limits—while also noting that they are not confined to specific examples shown.
• Ask yourself tough questions: Patent examiners often reject applications for obviousness, meaning it would have been simple for someone skilled in the field to modify prior inventions and reach the same result. Strengthen your filing by explaining why your idea is not obvious—what barriers, traditions, or obstacles others faced that your solution overcomes.
• Plan ahead for the next step: Mark the one-year deadline for filing a nonprovisional application, as well as any international filings. Decide at least three months before the anniversary to allow enough preparation time. If you’ve created new improvements since filing the provisional, file an additional provisional or move directly to a nonprovisional to secure the earliest date for those changes.

How to File a Provisional Patent Application
Filing a provisional application is a critical first step in protecting an inventor’s intellectual property. Without a patent, key features of an invention—its form, design, or expression—can be used freely by others. Attorneys familiar with patent law can guide inventors through the process.

Here is a simple six-step approach:

Step One: Research Your Invention
Confirming the originality of your idea is the first step. If someone else has already developed something identical or if your idea is too obvious, filing will not help. Conduct a patent search to verify novelty, using resources such as the World Intellectual Property Organization (WIPO) database.

Step Two: Gather Patent Information
Compile as much detail as possible about your invention, including:

• Specifications
• Drawings
• Abstract
• Development status
• Intended use

Step Three: Write a Coversheet
Every provisional must include a coversheet stating:

• Names and addresses of inventors
• Title of invention
• Attorney/agent details and docket numbers, if applicable
• Correspondence address
• Disclosure of any government interest in the invention

Step Four: Prepare a Product Description
Provide a detailed description of your invention. Include specifications such as dimensions, technical drawings, schematics, and all relevant features. Be precise and thorough.

Step Five: Review and Edit
Examine your application carefully for accuracy, grammar, and completeness. Confirm that every important detail about your invention is included.

Step Six: Submit Application
When filing, ensure you can submit the full nonprovisional application within 12 months, since a provisional cannot be renewed or extended. Filing fees typically range from $65 to $280. Applications may be submitted online, by mail, in person, or via fax. Once filed, you can begin marketing, selling, or refining your invention immediately.

Get Quote

‍