Key Takeaways

  • A provisional patent application (PPA) offers a low-cost way to secure an early filing date before filing a formal non-provisional patent.
  • Your application should be complete enough that someone skilled in the field can make and use the invention.
  • Adding drawings, alternative uses, and examples can strengthen your provisional patent protection.
  • The PPA is never published unless followed by a non-provisional application.
  • Common mistakes include providing insufficient detail, omitting key components, or filing too late in development.
  • You can use a non-provisional patent as a provisional patent example or follow structured templates for clarity.Provisional patent examples can be created by using a non-provisional patent application as a guide or by using one of several templates. The United States Patent and Trademark Office (USPTO) does not offer formal provisional patent applications for inventors to use.

A provisional patent application is not nearly as detailed or complex as a non-provisional one. It is also not examined on its merits by the USPTO. Therefore, examples are fairly simple, and not standardized.

Provisional patent applications are also called "provisional application for patent" and "provisional patent application forms."

Parts of a Provisional Patent Application

No formal provisional patent application exists. Submissions must include the following information:

  • A written description of your invention
  • Drawings of what your invention looks like (not required, but usually desirable)
  • A cover sheet that lists the inventors
  • The fee transmittal form and filing fee

A provisional patent application should have enough details that someone could make your invention without guessing or experimenting.

To get an idea of what your provisional patent application should look like, use patent applications from your field as examples. Go to the USPTO website and search for other patent applications. Your search criteria should be in the same field as yours or a similar type of invention. The USPTO search is a basic search system, so try a variety of keywords. Give yourself time and be patient. You will find published applications to look over and to use as examples for your provisional patent application.

Common Mistakes in Provisional Patent Applications

Even though a provisional patent application is simpler than a non-provisional one, certain errors can jeopardize your ability to claim the earliest filing date:

  • Insufficient Disclosure: Not describing your invention thoroughly enough may render your application invalid if it cannot support later claims.
  • No Enablement: If a person skilled in your field cannot replicate the invention based on your description, the application fails the enablement requirement.
  • Missing Essential Elements: Leaving out core components of your invention that distinguish it from prior art can limit your patent protection later.
  • Overly Broad Descriptions: Vague or generic wording might not hold up when filing the non-provisional version.
  • Filing Too Late: Filing after public disclosure (e.g., a trade show or published article) could impact your ability to secure international rights.

To avoid these issues, treat your provisional application as if it were your final patent filing. Be clear, thorough, and precise.Why You Should Consider Using a Provisional Patent

  • You invented something that you don't want to be copied by anyone else.
  • You want to have the first patent on your idea or invention.
  • You want to use the term "patent pending" but aren't ready to file your non-provisional patent application.

The date of your provisional patent application also supplies an early effective date for your patent, once it is granted. This helps you if someone decides to patent the same idea after you.

Provisional patent applications expire after 12 months if you don't follow up with a non-provisional patent application. This is a good reason to follow the non-provisional patent format. You will then have your information ready when you need it.

Provisional patent applications are used to "timeshift" the length of time for your patent. Patents are active for 20 years from the filing date of a regular patent application. By filing a provisional patent application, you give yourself extra time to file your patent application. You also proactively place a claim on the patent for your invention to prevent someone else with a similar invention getting the patent instead.

It's important to remember that your patent will only be valid if your non-provisional patent application is accepted. When you file the non-provisional patent application, the form and information should be basically the same as in the provisional one. The only changes you should make are to add new information found within the year and claims you didn't include on your provisional patent application.

Why You Should Consider Not Using a Provisional Patent

  • You work in a competitive field with a lot of inventions and patents.
  • You are prepared to provide the greater detail required by the non-provisional application.
  • You do not want to wait the extra months to have your patent evaluated.
  • Your invention is ready to be used and does not require additional time for final development.

Although a provisional patent application is relatively informal, you'll still need to provide a full description of your invention. Remember that if you change any aspects of the creation that make it unique, you will need to file a new patent application. If your claims are not described in enough detail, the protected aspects of your invention will be limited, and competitors will be able to take advantage. The more thorough your descriptions, the more comprehensive the patent protection you will receive.

Advantages and Disadvantages of Using a Provisional Patent

Not every invention needs a provisional patent application. Weigh the advantages and disadvantages and think about your industry to make your decision.

Advantages include the following:

  • You get an early effective date for the patent on your invention.
  • You get an extra 12 months to get your full patent application together.
  • You pay less because you don't need to include all the claims about your invention.
  • You may get the first patent in a highly competitive field.

Disadvantages may include the following:

  • You'll pay more when you file a non-provisional patent application if you don't include all the claims in the provisional application.
  • The provisional patent application may be unnecessary if no one else wants to patent the same idea.
  • Provisional patent applications can take a lot of time if you supply as much information as a non-provisional application.

Conducting a Patent Search

Your patent application must compare your invention to prior art to prove that it is unique. The descriptions of the distinctive features of your invention, known as claims, will be used by the examiner to determine whether your invention is patentable. Follow these steps to search for prior art:

  • Research the companies in your industry that hold the most patents.
  • Search the patents of those companies using free databases such as those offered by the USPTO and the World Intellectual Property Organization (WIPO).
  • Most patents date to their provisional application. You can pull these documents from public databases.
  • Review the documents to determine whether your invention is truly novel compared to prior art.

The patent search process also gives you insight about the format you should follow for your own patent application. You can use similar inventions in your industry as a guide.

Provisional Patent Example Description

The provisional patent application can be very simple. You can make each section topic a heading. Number your paragraphs and pages for easy reference later.

A sample order of your provisional patent application may look like this:

  1. Title: Use a short and specific title, about 15 words long. Do not use people's names or trademarked terms like "Ryan Reynolds" or "Google" in the name of your invention. You also want a phrase that is searchable if someone looks for patents like yours.
  2. References: Here is where you'll list other inventions like yours. You will also include other patents. The important part is to say how your invention is better than or different from the other ones that address the same problem. Example: "U.S. Patent 1,234 decreased the size of the hammer-head to pull out smaller nails; however, this change made it harder to use the hammer to drive nails into wood."
  3. Abstract: Share a short description of your invention. You do not need to go into a lot of detail here.
  4. Field of invention: Sometimes called the "technical field," this is how your invention fits in with other things like it. If you're inventing a hammer with a better claw for getting nails out of boards, you'd want to say that your invention relates to hammers, especially for people who struggle to remove nails from boards.
  5. Background information: In this part, talk about how people have used other inventions like yours, the problems they've had, and what led to your invention.
  6. Summary of your invention: Here you'll give a brief overview of your invention. Share what it does and how it works.
  7. Drawings: This is where you'll add any drawings or figures you have of your invention. Label them Fig. 1, Fig. 2, etc. Include a short explanation for each one. You can refer to them in your description. Make sure you use the correct number and the same terms to avoid confusion.
  8. Detailed description of your invention: Now is the time to share every detail of your invention. If it is a machine, describe all the parts. If it is a process, share every step. Be as specific as possible. You will also refer to your drawings in this section. The more information you share, the easier it will be to complete a non-provisional patent application. You should also include other ways your idea could be used. This can help prevent someone from copying your idea later and using it differently.
  9. Examples of how it will be used: In the hammer example, you might say, "This smaller hammer will help people remove bent or twisted nails from wood more easily." You may want to list more than one example.
  10. Claims: You'll include the claims of your invention toward the end of your application. These define your invention, what it is, and what it does in fairly simple terms. The claims listed decide how patent law protects your invention.

It's very important to submit a thorough provisional patent application. Poorly done or incomplete applications can create problems for you later. If not done well, the provisional patent application can be used against you, possibly by a competitor, to show that your invention wasn't complete and hadn't moved past the idea stage. Not only can a bad provisional patent application impact the effective date of your patent, but it could also cause you to lose the patent altogether.

Provisional Patent Example Template

Below is a high-level example structure of how a provisional patent application might be formatted:

  1. Title: “Compact Solar-Powered Food Dehydrator”
  2. Field of Invention: This invention relates to solar-powered appliances, specifically a portable dehydrator for food preservation.
  3. Background: Current solar dehydrators are bulky and require extended drying time. This invention addresses portability and drying efficiency.
  4. Summary: The invention includes a foldable frame with reflective panels, a mesh drying tray, and a thermal regulation chamber.
  5. Detailed Description:
    • Materials: Aluminum frame, heat-absorbing black mesh.
    • Design: Foldable design for transport; reflective panels increase heat concentration.
    • Function: Food dries in 4–6 hours under full sun due to improved air circulation.
  6. Drawings:
    • Fig. 1: Side view of closed unit
    • Fig. 2: Opened dehydrator in use
  7. Use Case Example: Ideal for hikers and small farmers needing to preserve fruits and vegetables quickly off-grid.

Using this format as a provisional patent example ensures your application meets the disclosure requirement while remaining easy to follow and file.

Who Can Submit a Provisional Patent Application?

Anyone can submit a provisional patent application, even if their invention isn’t fully built. Whether you're working on a physical product like a machine or developing software, you can file as long as you can clearly describe the invention and provide a visual representation or drawing of what it should look like. The key is being able to communicate the invention's structure and function in a way that others could replicate.

What If I Modify My Invention After Filing?

If you make changes to your invention or add new elements after filing your provisional patent application, you cannot update the original submission. However, when you later file a non-provisional patent application, you can include additional details, refined descriptions, and formal drawings. These updates must still be consistent with what was disclosed initially, or they won’t benefit from the original filing date.

What Happens If My Provisional Patent Is Incomplete?

The USPTO does not review provisional patent applications for completeness or quality unless and until you file a non-provisional patent. However, if the initial application lacks sufficient detail or omits essential information, you won’t be able to rely on it to secure an earlier priority date. This could result in losing valuable patent rights if another inventor files a similar claim later.

What Is the Deadline for Filing a Non-Provisional Patent?

After you submit your provisional patent application, you have exactly 12 months to file a corresponding non-provisional patent application. This time frame cannot be extended, and if you miss the deadline, you forfeit the early filing date established by the provisional application.

Is Filing a Provisional Patent Less Expensive?

Filing a provisional patent is typically less expensive than filing a non-provisional patent because it does not require formal claims or a detailed examination process. The filing fee is lower, and you may reduce legal costs by preparing the application yourself. However, when you later file the non-provisional application, you’ll still need to pay full USPTO fees and potentially incur additional legal costs, especially if you expand on your original claims.

Are Drawings Required in a Provisional Patent?

Drawings are not strictly required for a provisional patent application unless they help explain the invention. For mechanical inventions, illustrations are often critical. In contrast, methods, processes, or chemical inventions may not need visual aids. Including them, however, is generally advisable to ensure your invention is well understood.

Is a Provisional Patent Application Made Public?

No. Provisional patent applications are not published by the USPTO and remain confidential unless followed by a non-provisional patent application. If you do not file a non-provisional application within 12 months, the provisional application will expire and never become public.

Can Software Be Patented?

Software can be patented, but it must meet certain criteria. The USPTO is cautious with software patents and typically approves only those that offer a technical improvement, such as enhanced processing speed or system security. Simple algorithms or business methods are less likely to qualify unless they demonstrate a specific, innovative function.

Should Software Companies File for Provisional Patents?

Filing a provisional patent can be a strategic move for software companies. It provides a 12-month window to evaluate the invention’s viability and monitor changes in patent law that may affect software eligibility. If the invention proves commercially valuable, you can proceed with a non-provisional filing. If not, the company can opt to protect the underlying algorithm as a trade secret instead.

Steps to File

After you put together all of your provisional patent application material, you can submit your application online using the EFS-Web option on the USPTO website. You can also mail your application and fee to this address:

Commissioner for PatentsPO Box 1450Alexandria, VA 22313-1450

How to Convert a Provisional Patent to a Non-Provisional Patent

To maintain your original filing date, you must file a non-provisional patent within 12 months of the provisional application. Follow these steps:

  1. Prepare Your Non-Provisional Application
    Include formal patent claims, detailed descriptions, drawings, and required forms.
  2. Reference the Provisional Application
    Clearly state in your non-provisional application that it claims priority to your provisional filing, including the provisional application number and filing date.
  3. File Through the USPTO
    You can submit your application via the USPTO’s Patent Center or mail it to their office.
  4. Pay Required Fees
    Government filing fees apply and will vary based on entity size and number of claims.

Failure to convert your provisional application on time means you forfeit the early filing date. You would then need to file a new application without the benefit of the original priority date.

What Happens After Filing a Provisional Patent

Once your provisional patent application is filed, several things happen:

  • “Patent Pending” Status: You can immediately market your invention using the phrase “patent pending.”
  • 12-Month Period Begins: You have 12 months to file a non-provisional (formal) patent application claiming the benefit of the earlier filing date.
  • No Examination: The USPTO does not review provisional patent applications for novelty or patentability.
  • Confidentiality: Unless converted into a non-provisional application, your provisional patent remains confidential and will not be published.

This time can be used to finalize the invention, conduct market research, seek investors, or refine the technical documentation needed for the full patent.

Frequently Asked Questions

1. What is the main benefit of a provisional patent application? It establishes an early filing date and allows you to secure “patent pending” status while refining your invention.

2. Can I file a provisional patent on my own? Yes, but consulting a patent attorney can help ensure your application meets legal standards and provides maximum protection.

3. Do I need to include claims in a provisional patent? No, formal claims are not required. However, a detailed description is essential to support future claims in a non-provisional filing.

4. What happens if I miss the 12-month deadline to file a non-provisional application? You lose the benefit of the original filing date and must start the patent process over.

5. Can I use a provisional patent example from another industry? Yes, but tailor it to reflect your invention’s technical field and unique attributes. You can search the USPTO’s database for inspiration.

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