Provisional vs. Non-Provisional Patent
Which application should you file first — and when does the lower-cost provisional actually save you money?
Quick Answer
A provisional application is a low-cost, informal filing that gives you 12 months of "patent pending" status and locks in a priority date — but it never becomes a patent on its own. A non-provisional application is the formal filing that gets examined by the USPTO and can issue as a patent. You must convert your provisional to a non-provisional within 12 months or lose your priority date.
Side-by-Side Comparison
| Feature | Provisional | Non-Provisional |
|---|---|---|
| USPTO Filing Fee (micro entity) | ~$320 | ~$800+ |
| Examined by USPTO? | No | Yes |
| Can issue as a patent? | No | Yes |
| Requires formal claims? | No | Yes |
| Duration | 12 months (expires) | 20 years from filing |
| "Patent Pending" status? | Yes | Yes |
| Best for | Early-stage inventors, pre-launch | Invention ready for prosecution |
When to File a Provisional
- You have a working invention but want more time to refine it or test the market
- You're about to disclose the invention publicly, launch a crowdfunding campaign, or enter a competition
- You need "patent pending" status immediately at lower cost
- You want to evaluate commercial interest before investing in full prosecution
When to File Non-Provisional Directly
- Your invention is fully developed and you're ready to begin prosecution
- You want to start the USPTO examination clock immediately
- Filing provisional first would add cost without meaningful benefit for your situation
Frequently Asked Questions
What is the difference between a provisional and non-provisional patent application?
A provisional application is a lower-cost, informal filing that establishes a priority date and grants 12 months of 'patent pending' status. It is never examined and automatically expires after one year unless you convert it to a non-provisional application. A non-provisional application is the formal filing that gets examined by the USPTO and can ultimately issue as a patent.
When should I file a provisional patent application?
File a provisional application when you have a working invention but need more time to refine it, secure funding, or evaluate the market before committing to full patent prosecution costs. It is also ideal before disclosing your invention publicly, entering competitions, or launching a crowdfunding campaign so you can use 'patent pending' status immediately.
How much does a provisional patent application cost compared to a non-provisional?
A provisional application costs significantly less than a non-provisional. USPTO micro-entity fees start around $320 for a provisional versus roughly $800 for a non-provisional (basic filing fee only). Attorney fees also differ — provisional drafting is generally less intensive since the application does not require formal claims. However, the total cost of patent protection is higher if you file provisional first and then convert, compared to filing non-provisional directly.
Does a provisional patent application give me patent protection?
No. A provisional application does not provide any patent protection and is never examined or granted as a patent. It only establishes a priority date and allows you to use 'patent pending' for up to 12 months. You must file a non-provisional application before the provisional expires to claim that priority date and pursue actual patent protection.
What happens if I miss the 12-month deadline to convert my provisional to a non-provisional?
If the 12-month deadline passes without a corresponding non-provisional filing, your provisional application goes abandoned. You lose the priority date it established. Any public disclosures you made during those 12 months may now constitute prior art against a later-filed non-provisional, potentially barring patent protection entirely.
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