Key Takeaways

  • A provisional patent application template helps inventors properly format and organize their provisional filings with the USPTO.
  • Templates guide you to include vital components—title, detailed description, drawings, and background—to meet legal sufficiency standards.
  • Using a template minimizes omissions but should be paired with your own research or legal review to avoid weak filings.
  • Properly completing the provisional application establishes an early “patent pending” date for up to 12 months.
  • Common mistakes include vague descriptions, missing drawings, and failing to file a nonprovisional application within one year.
  • Filing online via USPTO Patent Center or EFS-Web requires specific forms and fees; templates help ensure all sections comply with USPTO standards.

Provisional Patent Template: What Is It?

A provisional patent template is an outline you can use to complete your provisional patent application correctly. When a provisional patent application is done poorly, it could result in your invention being rejected at the Patent Office. A well-written template will help you cover all your bases when starting the patent process, even without the help of a lawyer.

A template gives you a solid place to start, and it can essentially guide you toward researching all the necessary information. Since the USPTO doesn't offer a standard form or template for submitting provisional patent applications, you can use your preferred method as long as it meets USPTO patent submission standards.

Why Is a Provisional Patent Template Important?

A provisional patent template, like the one offered on Stanford University's website, helps you organize your thoughts. There are many types of provisional patent templates available online, so be sure to do your research to find the one that works best for you.

A self-drafted provisional patent application should include:

  • The inventor's name
  • The title of the invention — this should be short and specific
  • Any cross-references to related applications
  • The field of invention
  • A detailed description or summary of the invention — it's better to be wordy about the invention than to leave out any details
  • Background information and prior art
  • Drawings and a list of figures
  • Brief descriptions of the drawings
  • At least one example of the invention's intended use

You will also need to download the Provisional Application for Patent Cover Sheet form from the United States Patent and Trademark Office (USPTO). Fill out this form in detail, including your payment method and invention information.

What to Include in a Provisional Patent Application Template

A strong provisional patent application template includes every section required for a complete and enforceable filing. Even though the USPTO does not formally examine provisional applications, a clear and comprehensive disclosure is essential to secure your priority date. A well-prepared template should include:

  • Title of the invention: Brief and specific, reflecting the invention’s main function.
  • Inventor information: Name, address, and contact details.
  • Background and prior art: Summarize problems with current solutions and how your invention differs.
  • Summary of the invention: Explain what your invention does and why it is novel.
  • Detailed description: Describe how to make and use the invention, with reference to any drawings.
  • Drawings or illustrations: Include labeled figures that clarify technical details or design features.
  • Abstract: A concise explanation (150 words or fewer) of the invention’s purpose and components.

When using a provisional patent application template, it’s crucial to be detailed. Avoid generic or incomplete descriptions—courts and the USPTO can later reject nonprovisional claims if the provisional version lacks adequate support.

Reasons to Consider Using a Provisional Patent Template

The right provisional patent template can help you draft a professional patent application and speed up the approval process. You should always check first with leading research universities for any templates they might have. Other than Stanford University's template, MIT offers additional resources, such as how to make patent drawings.

While it can be tempting to use just any free template available online, your best bet is to go with one offered by a research university. That's because most free templates do not include any extra help on how to write your application, which could lead to mistakes.

If in doubt, review USPTO's website thoroughly. USPTO offers a broad range of topics related to the patent process, including how the information should be presented, what the drawings and specifics should look like, and other important details.

You'll also want to read up on basic patent and intellectual property information before beginning the process. Princeton, for instance, offers a great primer on patents.

You may also want to watch provisional patent video courses and read expert blogs on the subject, just to give you a better understanding of the process.

Benefits of Using a Provisional Patent Application Template

Using a provisional patent application template offers several advantages beyond convenience:

  1. Clarity and organization: Templates ensure you include all required parts in the correct order.
  2. Time efficiency: Pre-labeled sections for drawings, descriptions, and claims reduce the risk of missed information.
  3. USPTO compliance: Many templates mirror the layout of accepted patent applications, helping inventors align with official standards.
  4. Affordable protection: With a clear structure, inventors can self-file without immediately hiring an attorney, saving on upfront legal costs.
  5. Early filing advantage: A well-drafted provisional submission secures an early filing date, providing “patent pending” status while you refine or market your idea.

However, the quality of your content matters more than format. A weak or vague provisional patent, even if based on a solid template, cannot later be relied upon to claim invention priority.

Reasons to Consider Not Using a Provisional Patent Template

Free provisional patent templates are useful, but since they don't always list formal requirements about the patent process, it's easy to make mistakes. Unless you do your own research into the patent process, going by the template alone will only make you look like an amateur.

For example, if you don't want to explain exactly how a component of your invention works because you want to keep it a secret, that part of the invention can't be patented. If an idea is worth all the time, effort, and money spent on patenting it, you want to do it right, and relying on a template can often be your downfall.

While some individuals can successfully navigate online patent application templates and do all the required research, most are better off hiring patent lawyers. A professional patent lawyer is the best source for filing the patent correctly and protecting your business.

What Could Happen When You Use a Provisional Patent Template vs. When You Don't?

The difference between using a template or not really depends on how you approach the process.

With a provisional patent template, you can learn more about the patent application process. That's because you're doing more research on your own to make sure you're filling out the application correctly. Familiarizing yourself with the process is a smart approach no matter how you intend to file.

When you don't use a provisional patent template, your application could be left with gaping holes and insufficient information. As a result, your application will be rejected and you will have to start the process all over again.

However, if you decide to not use a template and instead hire a patent lawyer to do the work for you, you're much better off than either option.

Common Mistakes When Using a Provisional Patent Template

You've probably seen late-night TV commercials promising to file your patent application for you at a low cost. You may have even considered online sources that offer do-it-yourself patent applications.

While this may sound like a good idea, you're not exactly getting the most bang for your buck. In these cases, the source is only offering to file your provisional patent application. The provisional patent application is the first step in the patent process, but it's very different from the nonprovisional patent application.

The nonprovisional patent application is what cements your patent. Filling out your own provisional patent application is less complicated, but it's only good for one year after the filing date. It's not actually examined by the Patent Office, which is why you can often complete the provisional patent application yourself using a template.

Problems start to arise during the nonprovisional patent application stage, which is when legal advice will help. The provisional patent only gives you a priority date by which the full nonprovisional patent application is due. If you have hired a patent lawyer, he or she will get the nonprovisional application underway as soon as possible.

In most cases, even filing a provisional patent application is a mistake unless there are special circumstances. Filing a provisional patent application and then the nonprovisional patent application within a year will cost more than simply filing the nonprovisional application.

A good provisional patent should look like a nonprovisional patent with one exception: The claims section isn't required. In fact, filling out the claims section is not recommended if you're filling out the application yourself. Instead of just looking to provisional patents as models, you should study patents that have actually been issued to get a better idea of what the Patent Office expects.

If you want to file a provisional application on your own, it's best to have a patent lawyer in mind who can start the nonprovisional process once you send in the provisional application.

How to File a Provisional Patent Application Using a Template

Filing a provisional patent involves several important steps. Using a template helps you navigate each with precision:

  1. Conduct a patent search: Before drafting, review prior art on USPTO, Google Patents, or WIPO databases to confirm novelty.
  2. Prepare your documents: Use your template to structure each section—title, detailed description, and drawings.
  3. Download the required USPTO forms:
    • Form SB/16 (Provisional Application Cover Sheet)
    • Include your invention title, inventors’ names, correspondence address, and contact information.
  4. Pay the filing fee: The fee depends on entity size—micro, small, or large entity (ranging roughly from $60 to $300).
  5. Submit electronically via USPTO’s Patent Center: Upload your PDF documents, drawings, and payment confirmation.
  6. Keep your records: The USPTO issues a confirmation receipt with an application number and filing date—save these carefully.

Once filed, you have 12 months to submit a nonprovisional patent application to preserve your “patent pending” priority date.

Steps to Finding Sample Provisional Patent Applications

When searching for helpful templates, it's nice to be able to review existing patent applications that have already gone through the approval process or are pending.

  1. Research leading patent filers in your industry.
  2. Use free patent databases like USPTO to search for the patents filed in your industry. Do this by entering relevant keywords on Public PAIR, Google Patents, or another database.
  3. Find patents claiming priority in earlier provisional patent applications.
  4. Get a priority patent document from Public PAIR, the World Intellectual Property Organization (WIPO), or the USPTO website.
  5. Compare provisional applications.

Next Steps After Filing a Provisional Patent Application

After submitting your provisional application:

  • Refine your invention: Use the 12-month period to test, develop, and improve your product.
  • Maintain confidentiality: Avoid public disclosure without an NDA to protect your intellectual property.
  • Plan for the nonprovisional application: Work with a patent attorney to draft claims and finalize formal drawings for USPTO review.
  • Track deadlines: Missing the 12-month conversion window can result in losing your priority date and “patent pending” status.
  • Consider international filing: If you plan to file abroad, coordinate your U.S. filing date with potential PCT applications to maintain global rights.

For most inventors, the provisional application acts as a strategic placeholder while gathering funding or validating market interest.

Frequently Asked Questions

  1. How long does a provisional patent last?
    A provisional patent application lasts 12 months from the filing date and cannot be renewed. You must file a nonprovisional application within that period to maintain priority.
  2. Do I need drawings for my provisional patent?
    Yes. If drawings are necessary to understand the invention, the USPTO expects them even in provisional filings. They can be hand-drawn or computer-generated.
  3. Can I file multiple provisional applications for one invention?
    Yes. If your invention evolves, you can file supplemental provisional applications within the same 12-month period to cover improvements.
  4. What happens if I miss the one-year deadline?
    Your provisional patent will expire, and you’ll lose your priority date. You would need to refile, which resets your filing date and “patent pending” status.
  5. Should I use a free or paid provisional patent template?
    Free templates from credible sources like research universities or legal publishers are sufficient, but paid templates may include guided instructions and examples that reduce errors.

If you need help with a provisional patent application template, 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.