Key Takeaways

  • A strong provisional patent application must follow key structure guidelines including a title, detailed description, drawings, and cover sheet.
  • While provisional applications are not examined, they serve as a crucial foundation for future non-provisional filings.
  • The provisional patent application number helps track and link the provisional filing to a later non-provisional application.
  • Following USPTO structure guidelines ensures the provisional adequately supports future claims and secures the earliest possible filing date.
  • Applicants should clearly describe the invention, include alternative embodiments, and outline its utility to strengthen the application.

Provisional Patent Application Number

Since provisional patent applications are not published, one of the only ways for someone to check on the status of a provisional patent application is to know the provisional patent application number. You can find out an application number by searching Public Pair (Patent Application and Information Retrieval), which is a search portal maintained by the United States Patent and Trademark Office (“U.S. PTO”). Once you have the application number, you may submit a written request to the U.S. PTO and they will provide you with details of the application.

What to Know Before You Search for a Provisional Patent

Because of the nature of a provisional patent, a provisional patent application might not give you the information you are looking for. By its very terms, it is merely provisional and has not gone through the rigorous process that a normal patent application must go through. There is no way of knowing what the final claims are since it is likely much of the information in the provisional application will be modified once the normal patent application is filed.

Thus, you should instead think about searching for relevant pending patents or similar patents that have already been issued. It is recommended you do this at some point early on in the process anyway since it can reveal if there is already a similar patent that could end up being the basis for your patent’s rejection. This can save you time and money in the long run.

Understanding Provisional Patent Application Structure Guidelines

Before drafting or filing, it’s essential to follow the provisional patent application structure guidelines established by the U.S. Patent and Trademark Office (USPTO). A well-structured provisional ensures your invention is properly disclosed and can later support a non-provisional application. While the USPTO does not formally examine provisional applications, structure and completeness are critical to protect your filing date and eventual patent rights.

A complete provisional patent application should include:

  1. Title of the Invention – Concise and descriptive (less than 500 characters).
  2. Cover Sheet – Identifies the invention title, inventors, correspondence address, attorney docket number (if applicable), and government interest.
  3. Detailed Description – Clearly explains how the invention works, its components, and methods of use. Include variations and alternative embodiments.
  4. Drawings or Illustrations – Visual representations that clarify how the invention operates.
  5. Abstract (Optional) – A brief summary of the invention’s purpose and utility.

Even though claims are not required in a provisional, including them or at least describing the inventive features in detail can strengthen your future patent rights.

How to Search for a Provisional Patent Application

A typical U.S. patent application is automatically published after eighteen months of the earliest priority date unless the owner files a non-publication request. Once a patent application is filed, the U.S. PTO will make it available to the public, even if a patent has not yet been issued. In addition, any patents that have already been issued are always available to the public.

However, unlike a patent application, provisional patent applications are almost never published. Because they are only pending, they are not examined as thoroughly. A provisional patent application will be considered pending for one year. After one year, if the applicant does not file a patent application, the provisional application will be considered abandoned and will not get published.

Provisional patent applications are only ever “published” for inspection by the U.S. PTO in two very narrow circumstances. A provisional patent application can be found on the Public PAIR portal if a non-provisional application claims priority over the provisional application and the non-provisional patent is subsequently either:

• Published, or

• Granted

In these two circumstances, the provisional patent that accompanies the published or granted non-provisional patent is available to the public by either searching the Public PAIR portal or making a request to the U.S. PTO.

Key Drafting Tips for a Strong Provisional Application

When writing your provisional application, clarity, breadth, and accuracy are key. These guidelines will help you meet provisional patent application structure guidelines and improve your chances of successful conversion into a non-provisional filing:

  • Be Comprehensive: Describe every aspect of the invention as if teaching someone skilled in the field.
  • Include Multiple Embodiments: Broaden your protection by outlining different versions, materials, or configurations of your invention.
  • Focus on Enablement: The description should enable another person skilled in the art to reproduce the invention without undue experimentation.
  • Use Clear Technical Language: Avoid vague terms. Be precise about measurements, materials, and functionality.
  • Add Drawings and Flowcharts: They help illustrate key components or processes, especially for mechanical and software inventions.
  • Avoid Common Mistakes: Don’t rely on a simple idea sketch or a short paragraph summary. The USPTO requires sufficient detail to establish an early effective filing date.

An attorney can help ensure your draft meets USPTO disclosure standards and aligns with your long-term patent strategy.

Filing a Non-provisional Patent Application After a Provisional Patent

Once an applicant has filed a provisional patent and the U.S. PTO accepts the application as complete, there are no further requirements until the applicant submits the non-provisional patent. There is also no way to check the status of a provisional patent application since the status is either “not complete” or “complete.”

When the applicant files a utility, non-provisional patent, he or she can use the provisional patent application number to claim priority. This means that the applicant now has one year to complete the non-provisional application or else it will be considered abandoned. To find your unpublished provisional patent application,  you can search the Private PAIR portal on the U.S. PTO website, which will need you to verify your identity or your attorney’s identity.

Linking Your Provisional and Non-provisional Applications

When you file a non-provisional patent, it must properly claim priority to your earlier provisional filing. The provisional patent application number acts as the reference for this link. To preserve your priority date, ensure the non-provisional application is filed within 12 months of the provisional’s filing date.

The USPTO requires that the non-provisional include a reference statement such as “This application claims the benefit of U.S. Provisional Application No. [number], filed [date].” Missing this statement or filing after the 12-month deadline forfeits your priority claim.

In practice, inventors often refine the invention during the year after the provisional filing. It’s important that the non-provisional fully discloses and supports all new refinements. If significant new matter has been added, you may need an additional provisional to maintain coverage.

Patent Application Numbers

Application numbers on a patent always take on the same form. They typically start with a 2 digit serial number and is followed by a 6 digit serial number. When the 6 digit serial number hits 99999, the series number will increase by one.

A provisional patent application number will start with either 60, 61 or 62, and followed by the 6 digit serial number. Different types of patents will start with different serial numbers. For example, design patents start with the 29 as the serial number.

Maintaining Proper Documentation and Tracking

After filing, maintain organized records that include:

  • Your provisional patent application number, filing date, and title.
  • Copies of the USPTO filing receipt and any correspondence.
  • Notes or drawings related to updates made before filing the non-provisional patent.

Proper recordkeeping ensures that when you prepare your non-provisional application, you can accurately cross-reference and verify the priority claim. If you plan to file internationally, these documents are also necessary for foreign priority claims under the Patent Cooperation Treaty (PCT).

For complex inventions or when multiple inventors are involved, legal guidance is invaluable. You can connect with experienced patent attorneys on UpCounsel to ensure your provisional and subsequent filings meet all USPTO requirements and deadlines.

Frequently Asked Questions

  1. What are the main parts of a provisional patent application?
    A title, cover sheet, detailed description, and drawings. Claims are optional but recommended for clarity.
  2. Do I need to include drawings in my provisional application?
    Yes. Drawings or diagrams can help explain how your invention works and strengthen your disclosure.
  3. How long is a provisional patent valid?
    It lasts 12 months and must be followed by a non-provisional application to retain your priority date.
  4. What happens if I miss the 12-month deadline?
    The provisional expires, and you lose the priority date. You would need to file a new application.
  5. Can I modify my invention after filing a provisional patent?
    Yes, but any new features must be included in a new provisional application or detailed in the later non-provisional filing.

If you need help searching for 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 come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.