A provisional patent application is a type of patent filing where you can choose to submit it as provisional or non-provisional. In both cases, you receive “patent pending” status once you file.

What is required to file a provisional patent?
A provisional application must contain the essential elements of a regular patent application, but unlike a non-provisional, it does not require claims. You must provide a detailed description of the invention that would enable a person skilled in the relevant field to reproduce it. For example, a programmer should be able to build the software or a machinist should be able to manufacture the product from your description.

The application should include drawings (if applicable) and a written description. A common mistake is providing insufficient detail, leaving the invention unclear. On the other hand, giving too much information may create prior art issues in the future.

What is the cost?
The filing fee for a provisional application is relatively low—often around ₱7,000–₱10,000 when self-filed with IPOPHL, but additional costs come from attorney or agent drafting time.

Is a provisional patent cheaper than a non-provisional?
Not really. While the initial filing fee may be smaller, the main cost is in attorney drafting work. Worse, many inventors waste the one-year validity of the provisional before filing the non-provisional, which delays when they can use their patent rights to raise funds, license, or enforce protection.

Some agents use provisionals as a way to encourage clients to file something quickly and then return in a year for a more expensive non-provisional. This can result in weak filings that harm the applicant.

Provisional vs. Non-Provisional Patent Applications
For most startups or entrepreneurs, a non-provisional application is more beneficial. A provisional mainly delays the patent process. If your invention truly has commercial value, you should pursue protection as soon as possible.

Filing a weak “thin” provisional (1–2 pages) creates serious risks. Many inventors think they are protected and begin disclosing their invention publicly. Later, when they file a non-provisional, the original provisional may act as prior art against them, but without being sufficient to support strong claims. This can result in losing rights in other countries as well.

Bottom line: If your invention is valuable, file a complete non-provisional application early. A provisional may be useful only in rare cases (such as industries where patents are most valuable at the end of their life, e.g., pharmaceuticals). For most businesses, delaying only reduces your chances of securing meaningful protection.

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