Provisional Patent Applications

The Complete Guide for Inventors and Startups

If you've created something new, one of your biggest questions is: "How do I protect it?" For many inventors and startups, the answer starts with a provisional patent application.

What Is a Provisional Patent Application?

A provisional patent application (PPA) is an optional first filing with the U.S. Patent and Trademark Office (USPTO). It's less formal than a standard ("non-provisional") patent application and is never examined on its own.

Instead, it serves as a placeholder — giving you an early filing date and letting you legally use the term "patent pending" while you decide your next steps.

The Benefits of Filing a Provisional

Immediate Patent Pending Status

Secures Your Priority Date

12-Month Window to Act

Lower Initial Cost

Flexibility as You Develop

Critical Limitation: The One-Year Deadline

A provisional will never mature into a patent on its own. To keep your rights alive, you must file a non-provisional application (or international/PCT application) within 12 months.

Miss that deadline, and your provisional expires — along with your priority date. If your invention has already been disclosed publicly, you may lose the ability to patent it at all.

Public Disclosure and Foreign Patent Rights

Here's the single most important thing inventors need to know:

👉 If you publicly disclose your invention before filing, you may lose the right to file foreign patents.

In the U.S.:

Inventors get a limited one-year grace period after public disclosure.

In most other countries:

There is no grace period — once your idea is public, it's no longer patentable.

That means all of these can destroy your international rights if done before filing:

Academic publicationOnline posting or crowdfundingConference presentationProduct launch or sales

The safest path? File a provisional before any public release. That way, you preserve your ability to pursue foreign patents in the future.

When a Provisional Makes Sense

A provisional patent application is often the right move if you:

Need 'patent pending' status quickly

Want to preserve foreign rights by filing before disclosure

Are still refining your invention but want to lock in a priority date

Need time to raise money before the full non-provisional cost

Are preparing to launch, publish, or present your invention

Steps After Filing a Provisional

Mark Your Invention as Patent Pending

It adds credibility with investors and partners.

Refine Your Idea

Improve prototypes, add variations, expand documentation.

Budget & Plan Ahead

You'll need to file a non-provisional (or international) within 12 months.

Seek Feedback & Funding

Now you can safely share your idea under "patent pending" protection.

Final Thoughts

A provisional patent application is one of the smartest ways to protect an invention early. It gives you time, flexibility, and the ability to call your idea "patent pending." Most importantly, it protects your option to pursue foreign patents — but only if you file before any public disclosure.

Don't wait until after your product launch, pitch competition, or publication. By then, it could be too late.

👉 File your provisional now, and keep your options open worldwide.