A provisional patent application is a strategic tool available in the United States (and similar mechanisms exist in other jurisdictions) that allows inventors to secure an early priority date at a fraction of the cost of a full patent application. The filing establishes a 12-month window during which the inventor can use the 'patent pending' designation. The provisional application must include a written description of the invention sufficient to enable a person skilled in the art to reproduce it. However, it does not require formal patent claims, an oath or declaration, or prior art disclosures. This makes it faster and cheaper to prepare than a non-provisional application. Within 12 months of filing, the inventor must file a corresponding non-provisional patent application to maintain the priority date. If no non-provisional application is filed, the provisional application expires and the early filing date is lost. The provisional application itself is never examined and never becomes a patent on its own.
Why It Matters
Provisional patents are a cost-effective way to establish priority, especially in first-to-file jurisdictions where the earliest filing date determines who gets the patent. They buy time for market testing, securing funding, or refining the invention before committing to the full patent process, which can cost tens of thousands of pounds.
How This Connects to IP Protection
immut provides an even faster and more affordable way to establish a dated record of your invention. While a provisional patent costs hundreds to thousands in filing fees alone, an immut blockchain timestamp is available instantly and proves your invention existed at a specific date. This can complement a provisional filing or serve as a first line of defence while you decide whether to pursue patent protection.
Common Mistakes to Avoid
A provisional patent is a real patent: A provisional patent application is not a patent. It is a placeholder filing that establishes a priority date. It never undergoes examination and automatically expires after 12 months if not converted to a non-provisional application.
Filing a provisional patent guarantees protection for 12 months: A provisional application does not grant any enforceable rights. It only establishes a filing date. You cannot sue for infringement based on a provisional application. The 'patent pending' status is a notice, not a legal shield.
Provisional patents are only for the US: While the formal 'provisional patent application' is a US concept, many other countries have similar mechanisms. The UK has an early filing option, and the Patent Cooperation Treaty (PCT) allows international priority claims that function similarly.
Frequently Asked Questions
How much does a provisional patent cost?
USPTO filing fees for a provisional patent range from $80 for micro-entities to $320 for large entities. However, attorney fees to prepare the application typically add $2,000 to $5,000, bringing the total cost to between $2,000 and $5,000 or more depending on complexity.
Can I sell a product with just a provisional patent?
Yes, you can sell products while a provisional patent application is pending. You may use the 'patent pending' designation, which can deter competitors. However, you have no enforceable patent rights until a non-provisional patent is granted.
What happens if I do not file a non-provisional patent within 12 months?
The provisional application simply expires and you lose the early filing date. The invention description in the provisional application does not become public (unlike non-provisional applications), so your trade secret status may be preserved if no other disclosures were made.
Protect Your Intellectual Property Today
Whether you are navigating provisional patent or building a broader IP strategy, immut gives you instant blockchain-verified proof of your innovations — no lawyers, no delays.