Key Takeaways

  • A free provisional patent application helps inventors secure an early filing date without paying full patent fees upfront.
  • The USPTO does not offer a fully free process, but inventors can lower costs by filing online and using free patent application forms or fee waivers.
  • Resources like GetMeAPatent.com and USPTO’s Pro Se Assistance Program help inventors prepare applications at low or no cost.
  • Writing a clear description and including quality drawings are essential for protecting intellectual property.
  • After filing, inventors have 12 months to convert a provisional patent into a non-provisional (utility) patent.
  • Those unfamiliar with patent law can find a registered patent attorney on UpCounsel for help with drafting and filing.

What Is a Free Provisional Patent Application?

Free provisional patent applications can be found online. A provisional patent application is a legal document filed with the United States Patent and Trademark Office (USPTO) that creates an early filing date for a patent, but it will not become an issued patent unless the applicant files a regular non-provisional patent application within one year.

How a Free Patent Application Form Works

While the U.S. Patent and Trademark Office (USPTO) charges filing fees for all patent applications, inventors can use a free patent application form to prepare and draft their submission without attorney costs. Free forms or generators—such as those available through the USPTO website and tools like Get Me A Patent—help inventors fill in critical details like invention descriptions, inventor information, and provisional filing data automatically.

These free resources usually include:

  • A provisional cover sheet template.
  • A specification outline to describe the invention in detail.
  • Automatic formatting for required government forms such as the USPTO’s Provisional Application for Patent (Form SB/16).
  • Step-by-step instructions to ensure compliance with U.S. patent laws.

Using these templates allows inventors to generate a provisional application PDF ready for electronic filing at USPTO.gov or through the Patent Center system.

Do a Patent Search On Your Own

It is possible to do an individual initial patent search at no cost by visiting the U.S. Patent and Trademark Office’s website at www.uspto.gov.

Use Free Patent Tools and USPTO Resources

Before completing your provisional filing, you can use free USPTO databases and educational tools to make the process more affordable and accurate. The USPTO Patent Public Search (PPUBS) offers full-text access to issued patents and published applications. Additionally, the USPTO’s Pro Se Assistance Program and Patent and Trademark Resource Centers (PTRCs) provide step-by-step guidance to inventors filing without an attorney.

These resources can help you:

  • Identify existing patents similar to your idea.
  • Avoid infringement issues.
  • Access free filing tutorials and downloadable provisional patent forms.

Using these government resources helps ensure that your free patent application form is filled out correctly and that your invention qualifies for patent protection.

File a Patent Application On Your Own

Filing a patent application on your own is possible, but there is a much larger likelihood of errors if you decide to file the application on your own, so hiring an expert is always recommended.

Utility patents and provisional patent applications are very similar. However, a provisional patent application can be completed without submitting a set of claims or even formal drawings. The provisional patent application can be completed with hand-drawn images or professional photographs.

A provisional patent application takes about 12 months to be reviewed and it is during this span that you will need to convert the provisional patent application into a utility patent application. A provisional patent application is not reviewed for patentability, it is simply an application to reserve your eventual utility patent for review.

The Patent Office then handles it very similarly to every other non-provisional application. To convert your provisional patent application to a utility patent requires submitting formal drawings outlining the unique elements of your idea, a set of claims, and any subsequent application submission fees.

Free Patent Application Generators and Online Filing Options

In recent years, online platforms such as GetMeAPatent.com and other digital patent generators have simplified the process of writing and submitting a free provisional patent application. These platforms automatically format invention disclosures, include legal phrasing, and generate USPTO-compliant documents.

To use these tools effectively:

  1. Describe your invention in detail, including its components, functionality, and benefits.
  2. Upload drawings or diagrams that visually explain your concept.
  3. Review and confirm the generated documents before submitting through USPTO’s electronic filing system (EFS-Web or Patent Center).

Although these generators help reduce costs, applicants are still responsible for official filing fees unless they qualify for micro-entity or small-entity status, which can lower fees by up to 75%.

What Are the Basic Steps in a Provisional Patent Application?

You may file for a patent to protect your invention from being copied. A provisional patent application features a cover sheet, a written description, and a sequence of drawings that describe, in detail, the construction of your invention and the way it operates. Many inventors favor filing the provisional patent application first, as it produces a submission date, giving them extra time to get the non-provisional patent finished.

Tips for Preparing Your Provisional Application

To maximize the effectiveness of your provisional filing, your free patent application form should include a well-written invention description. Keep these best practices in mind:

  • Be comprehensive: Include every possible variation of your invention’s structure and use.
  • Include drawings: Simple sketches, photographs, or CAD images can strengthen your application.
  • Write clearly: Avoid vague language. Use precise, technical descriptions of how the invention works.
  • State the benefits: Emphasize the novelty and practical advantages of your invention.
  • Label your documents correctly: Ensure that each page references your name, invention title, and date.

The goal of your provisional application is to provide enough information for someone skilled in the field to reproduce your invention based solely on your description.

When Should I File a Provisional Patent Application?

Your timing is important. If you file a provisional patent application too early, you'll prematurely begin your 12-month filing period. If you file your provisional application too late, you might lose some patent rights. A provisional application will expire after 12 months, therefore, to maintain your patent protection, be certain to set a reminder about 10 months after you file to both re-file a brand new provisional application or file a non-provisional patent application.

Understanding Deadlines and Conversions

Once you submit a provisional patent application, the 12-month clock begins. You must file a corresponding non-provisional (utility) patent within this timeframe to maintain your priority date. If you fail to file within the year, your provisional filing expires automatically.

To stay protected:

  • Mark your invention as “Patent Pending” once your provisional is submitted.
  • Track your filing deadlines in a calendar or docket system.
  • Consider filing another provisional application before the 12 months expire if your invention evolves significantly.

Timely conversion ensures that your free patent application form leads to enforceable intellectual property protection under U.S. patent law.

What Are Some of the Steps to Filing a Patent Application?

A patent declares unique rights to an invention or the development or enhancement of a current mechanical invention to one specific owner. The U.S. Patent and Trademark Office (USPTO) controls and dictates all patents in the United States.

To acquire a patent is no simple matter. In fact, patent applications and subsequent patent protection can be cumbersome and expensive. There are certain situations in which the USPTO may waive patent application fees if you’re able to have your patent labeled as “special.”

Filing Fees and Cost Reduction Strategies

Although the USPTO does not offer entirely free filing, you can minimize expenses through the following options:

  • Micro-Entity Status: Available to individual inventors with limited income, reducing filing fees by 75%.
  • Small-Entity Status: Reduces fees by 50% for small businesses or independent inventors.
  • Electronic Filing: Submitting forms online eliminates paper fees.
  • USPTO Fee Waivers: Available in rare cases where an invention serves a public benefit or addresses health, safety, or environmental needs.

Combining these cost-saving measures with a free patent application form can significantly reduce the total expense of obtaining patent protection.

Step One to Filing a Patent Application

Conducting a patent search is the first step in the application process. You’ll need to search the USPTO database of current patents to ensure your invention is not protected within another patent. If interested, you can physically visit the Public Search Facility in Alexandria, Virginia to conduct your patent search with their trained employees. Additionally, there are several Patent and Trademark Depository Libraries spread out across the country that you can also visit and conduct your patent search. Finally, you can access more help and contact information via the USPTO’s website.

Step Two to Filing a Patent Application

The next step in the process is to complete the important form for your patent. There are three forms available for a patent are:

  1. A plant patent, which refers to a brand new asexual botanical
  2. A design patent
  3. A utility patent

A utility patent is the most used patent. It protects mechanical innovations and processes. All utility types are published in PDF format. After you determine which type of patent that you want to file you’ll move to step three.

Step Three to Filing a Patent Application

The next step is to file a Petition to Make Special. If you are trying to submit a petition to make “special” you will need to send facts with a petition explaining why your idea and application should be giving unique consideration and have submission fees waived. You can find more information about special petitions and expedited examinations under MPEP 37 CFR 1.102 (a),(b), and (c). Essentially, your idea or invention must provide incremental value to the general public or federal government, or it must provide increased health benefits or other measurable benefits to the environment or public safety to be considered “special.”

You’ll then need to mail your patent and file an appeal if your Petition to Make Special is denied.

Frequently Asked Questions

  1. Is there a truly free patent application form?
    Yes. The USPTO provides free, downloadable Provisional Application for Patent (Form SB/16), but official filing fees still apply.
  2. What is the cheapest way to patent my idea?
    Filing a provisional patent application yourself using a free patent form and micro-entity status offers the most affordable option.
  3. Can I use online tools like GetMeAPatent.com safely?
    Yes, provided you review all generated documents carefully. These tools are designed to follow USPTO formatting and legal requirements.
  4. Do I need drawings for a provisional patent?
    Drawings aren’t required but are strongly recommended to explain the invention’s structure and function.
  5. How can I get help if I can’t afford a patent lawyer?
    You can find affordable, experienced patent attorneys on UpCounsel, where lawyers assist inventors with drafting and filing applications efficiently.

If you need help with a provisional patent application, you can post your legal need on UpCounsel’s marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel average 14 years of legal experience, including work with or on behalf of companies like Menlo Ventures and Airbnb.