Provisional patent. Priority date + 12-month window.
A provisional patent application establishes a priority date inexpensively. Does not get examined. Must be followed by a non-provisional within 12 months. Common strategic choice for inventors needing time to refine the invention or assess commercial viability.
Start here.
Establishes priority date inexpensively.
Provisional alone never becomes a patent.
Must file non-provisional within 12 months or priority is lost.
$1,500-$4,000 typical attorney fees + small USPTO fee.
Allows "Patent Pending" marketing immediately.
The full picture.
What a provisional does
Establishes a priority date for the invention. Allows "Patent Pending" status. Provides 12 months to file a non-provisional. Does not get examined; does not become a patent on its own.
What a provisional does NOT do
Does not get examined. Does not result in a granted patent. Does not provide enforceable rights until a patent grants.
Requirements
Specification describing the invention; drawings if relevant; signed cover sheet; filing fee. Claims not required (though often included anyway).
Strategic reasons to file provisional first
(1) Locks in priority date before product launch or public disclosure. (2) Cheaper initial filing. (3) Buys 12 months to refine the invention and decide on full filing. (4) "Patent Pending" status for marketing. (5) Provides time to assess commercial viability.
Non-provisional follow-up
Must be filed within 12 months. Detailed specification, drawings, claims (the legal scope), oath or declaration of inventor, filing fee. Significantly more involved than provisional.
Priority date
Provisional filing date becomes the priority date for the non-provisional, as long as the non-provisional claims priority and the same invention is disclosed in both. Critical for novelty: prior art before the priority date is the "prior art universe."
Common mistakes
(1) Skipping provisional and missing priority date. (2) Filing non-provisional without lawyer (claims errors costly). (3) Public disclosure before any application (loses foreign priority in most countries; US has 12-month grace period). (4) Letting the 12-month window lapse.
When NOT to file provisional
When you have full prepared non-provisional ready. When 12 months is not enough to refine. When you have no plan to file non-provisional anyway.
Common questions.
What does a provisional cost?
Does a provisional become a patent?
What if I miss the 12-month deadline?
Can the non-provisional differ from provisional?
When can I mark "Patent Pending"?
Does provisional give me protection?
Should I use a patent attorney?
What if I publicly disclose before filing?
Need IP protection?
Patents (through our attorney network). Trademarks (we file). Copyright registration (we file). IP assignment templates (free).
Patent law is highly specialized. Professional patent attorney advice is essential for filing.
How we deliver, end-to-end.
Four-step path from request to confirmation. State and IRS turnaround varies; our steps run in parallel where possible to compress the timeline.
Intake + scope
You tell us what you need through a short intake form (or a call for complex matters). We confirm scope, surface any gating issues (deadlines, missing documents, entity status), and quote any state fees that pass through at cost.
Prepare + verify
Our specialists draft the filing, verify entity details against state databases, run internal QA, and route any items needing your sign-off. You see drafts before anything gets submitted.
File with the authority
We submit directly to the state Secretary of State, FinCEN, IRS, USPTO, or whichever authority your filing requires. We pay state fees at cost and track the submission identifier in your account.
Confirmation + vault
Stamped certificate, IRS notice, or filing receipt arrives in your SOC 2 encrypted document vault the moment we receive it. Next filing deadline auto-added to your compliance calendar where applicable.
Built on the same infrastructure used by 220,000+ businesses.
SOC 2 Type II audited
Independent annual security audit covering access control, change management, incident response, and data handling. Current report on request.
All 51 US jurisdictions
Every state plus DC plus Puerto Rico - direct filings, not third-party reseller. We hold registered-agent qualifications in every state we operate.
Deadline guarantee
If we miss a filing deadline on a service you pay us to manage, we pay the state penalty. Specific to each plan and the filings it includes.
4.9 from 8,200+ verified reviews
Independently verified by Trustpilot + Google + our own NPS infrastructure. Customer success team within reach by email, chat, or phone.
60-day money-back promise
Change your mind in the first 60 days and we refund our service fee in full. State filing fees pass through at cost and are non-refundable once paid to the state.
E&O insured
Errors and omissions coverage protects you from service errors. Carrier and certificate available on request for enterprise clients.
Recommended add-ons
Most customers add these to keep their business compliant year-round.
Trademark Monitoring
RecommendedWe watch for infringing applications and notify you within 24 hours.
Office Action Response
If the USPTO refuses, we draft a professional response.
Trademark Renewal Tracking
USPTO renewals every 5 and 10 years - we never let one lapse.
Premium compliance, no service-fee markup.
Trust you can verify
SOC 2 Type II audited platform. 220,000+ businesses served. 60-day money-back on service fees. State fees passed through at cost with no hidden markup. Explicit AUP on restricted industries.
A compliance partner, not a transaction
Most providers go quiet after checkout. We auto-track every annual report, registered agent renewal, and license deadline across your entities. The Business OS dashboard keeps your compliance score visible year-round.
Premium experience competitors cannot match
Premium positioning, transparent pricing, no service-fee markup on state or federal filings. Premium positioning, transparent pricing, no service-fee markup on state filings.