Provisional patent application

Protect your inventions from day one

Get 'Patent Pending' status in 3 easy steps with a provisional patent application. Maximize your chance of future utility patent approval by working with our experienced professionals.

Get 'Patent Pending' status in 3 easy steps with a provisional patent application.

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I want to do most of the work myself

‭ I want a licensed patent professional to do it for me

Basic Provisional Patent Application

$299

+ federal fees^*

Best for inventors who prefer to do it on their own and are willing to navigate application complexity.

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Do-it-yourself questionnaire enabled process

Self-directed filing without a patent professional

"Patent Pending" status for 12 months‬

Application filing with a USPTO-compliant electronic signature

Digitized illustrations of technical drawings

Priority filing date valid for up to 12 months before filing a utility patent

Best value

Premium Provisional Patent Application

$999

+ federal fees^*

Best for inventors seeking a professional to do it all for them, filing within 30 days.^†

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Patent professional filing, ~3x higher likelihood of utility patent approval^§

Patent professional preparation and filing with the USPTO

"Patent Pending" status for 12 months‬

Application filing with a USPTO-compliant electronic signature

Digitized illustrations of technical drawings

Priority filing date valid for up to 12 months before filing a utility patent

Automatic reminders for your 12-month protection deadline

Consultation with a patent professional

Expedited Provisional Patent Application

$1399

+ federal fees^*

Best for inventors who need professional priority handling and fast-track filing within 15 days.^{^‡}

File my application

Patent professional filing, ~3x higher likelihood of utility patent approval^§

Expedited patent professional preparation and filing with the USPTO

"Patent Pending" status for 12 months‬

Expedited filing with a USPTO-compliant electronic signature

Digitized illustrations of technical drawings

Priority filing date valid for up to 12 months before filing a utility patent

Automatic reminders for your 12-month protection deadline

Consultation with a patent professional

Fastest patent professional filing option

Experienced patent professionals to guide your application—start to finish

Inventors who file provisional patent applications with patent professionals are nearly 3x more likely to obtain utility patents than those filed without a professional.^§

Inventors who file provisional patent applications with patent professionals are nearly 3x more likely to obtain utility patents than those filed without a professional.§

Don S.

I'm a USPTO-registered patent attorney with 10+ years of experience. I’m passionate about helping inventors, entrepreneurs, and businesses navigate the patent process with confidence.

Peter A.

I'm a USPTO-registered patent attorney with 9 years of legal experience helping inventors secure protection through strategic patent drafting and filing. I enjoy assisting inventors to protect their creative inventions.

Don S.

I'm a USPTO-registered patent attorney with 10+ years of experience. I’m passionate about helping inventors, entrepreneurs, and businesses navigate the patent process with confidence.

Peter A.

Rigorously vetted patent professionals from our law firm

Patent professionals - average 11 years of experience

Tens of thousands of satisfied customers trust our law firm

Premium patent services for a fraction of the cost

Filing a provisional patent application with a traditional law firm can cost an average of $5,550+.**

Our premium provisional patent service offers experienced guidance at a fraction of the price.

Premium patent services for a fraction of the cost

Filing a provisional patent application with a traditional law firm can cost an average of $5,550+.^**

Our premium provisional patent service offers experienced guidance at a fraction of the price.

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SAVE NEAR

80%

$999

+ USPTO fees

$5,500+

TRADITIONAL FIRMS

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Why start a provisional patent application?

A provisional patent application provides affordable, early-stage protection with "patent pending" status without formal patent claims.

Get ahead

Secure your USPTO filing date. The U.S. follows a first-to-file system, granting patent rights to the first filer—not the first inventor.

Build credibility

Market your invention as "patent pending," signaling to competitors, customers, and investors that it's in the patent process.

Protect your invention

Safeguard your invention with an early filing date, giving you 12 months to refine your product before filing a full utility patent.

Secure "patent pending" status in 3 easy steps

‬Navigating the patent process can be complex. We simplify it with professional guidance every‬ step of the way.‬

Answer a few questions about your invention

We’ll guide you through the process to ensure your application is complete.

Provide your own materials or get professional help

Need help? Work with an illustrator for technical drawing

We'll e-file your application with the USPTO

Once filed, you’ll immediately receive "patent pending" status.

File my application

With over 15 years of experience, we’ve helped file 100K+ patent applications

“”

LegalZoom is an excellent service. They are very organized and meticulous. They keep you informed as your project moves along and answer any questions you may have. I have a lot of work in the pipeline, and LegalZoom will get it all.

Chris H. 

Provisional patent customer

“”

The process was amazingly smooth and anytime I had a question the LegalZoom team support was there for me and always solved my issues! They made sure that everything was in order before just sending out my patent.

MedicSkillz

Provisional patent customer

“”

This is my third patent filing using LegalZoom, and they make the process easy and understandable. I cannot recommend them more.

Sharon L.

Provisional patent customer

Frequently asked questions

Filing a provisional patent application secures an early filing date, giving you a competitive edge in the first-to-file system. It allows you to market your invention as "patent pending", which can deter competitors while you refine your invention. A provisional application is also a lower-cost, less formal way to start the patent process, giving you up to 12 months before deciding whether to file a full utility patent.

While not required, the USPTO recommends having a patent professional prepare and file your patent application. To obtain full patent protection, you must file a utility patent application within 12 months after filing your provisional application, and the utility patent application will be based on your provisional filing. Research analyzing 500 patent applications found that attorney-filed applications were nearly 3 times more likely to receive utility patent approval.^§ Working with a patent professional reduces the risk of costly mistakes and improves your chances of securing a future utility patent. Our Expedited Premium offering also prioritizes your filing for the fastest possible turnaround.

We guide you through the process, but here’s what’s typically required:‬

• Title of the invention

• Names and addresses of all inventors

• Correspondence address

• U.S. government interest/ownership (if applicable)

• Background of the invention

• Summary of the invention

• Detailed description of the invention

• Drawings (optional but recommended by the USPTO)

As soon as your provisional patent application is filed, you can legally use "patent pending" to describe your invention. This signals to competitors and potential investors that you are taking steps to protect your intellectual property.

"Patent pending" means you have filed a patent application with the U.S. Patent and Trademark Office (USPTO), but it has not yet been approved. While a provisional patent does not grant patent rights, it establishes an official filing date and serves as a legal safeguard by deterring competitors from copying your invention. When a non-provisional utility patent is granted, the patent protection will be retroactive to the provisional filing date, making this an important first step in securing your patent protection.

A "patent pending" status can:

• Deter competitors from copying your invention

• Increase credibility with investors and customers

• Strengthen your market position by signaling that your innovation is in the patent process

You have 12 months from the date of your provisional filing to submit a non-provisional patent application. This deadline cannot be extended, and you cannot file another provisional application for the same invention to restart the clock.

No. Provisional patent applications apply only to utility patents. Design patents must be filed as non-provisional applications from the start.

A provisional patent is a temporary placeholder that secures an early filing date and allows you to use "patent pending." It requires less formal documentation and no claims. However, you must file a non-provisional patent within 12 months for full patent protection. A non-provisional patent undergoes USPTO examination and, if approved, grants enforceable patent rights.

Yes, you can file a nonprovisional utility patent application directly without first filing a provisional application. If you're ready to pursue full patent protection, you may skip the provisional step and proceed with a nonprovisional application. LegalZoom can help you prepare and file your nonprovisional utility patent application to ensure your application is accurately filed for the best chances of approval. Learn more about our utility patent service here.

A utility patent protects how an invention works, covering new processes, machines, or compositions of matter. A design patent protects how a product looks, covering the unique visual appearance of an item. Some inventions may qualify for both if they have distinctive functionality and design.

According to the USPTO, to be patentable, an invention must be useful, clearly described, novel (new), and not obvious. You can’t patent laws of nature, abstract ideas, or general suggestions. In short, a patent protects how something works or looks.

Learn more about patents with these guides

How to file a patent?

Understanding the steps to patent your invention is essential. Learn about the process, required documents, and tips for filing a successful application. Learn more

What are the different types of patents?

Not all patents are the same. Explore the differences between utility, design, and plant patents to determine which one best fits your invention. Learn more

How much does a patent cost?

Patent costs can vary depending on the type of application, government fees, and more. Get a breakdown of the typical costs and budgeting tips. Learn more

Can you patent an idea?

Patents protect inventions, but do they cover ideas? Find out what qualifies for patent protection and how to turn an idea into a patentable invention. Learn more

What you need to know about
provisional patent applications

What is a provisional patent application?

A provisional patent application secures an early filing date with the U.S. Patent and Trademark Office (USPTO) without requiring a fully detailed application. It provides 12 months of "patent pending" status, allowing time to refine your invention, seek funding, or explore market opportunities before filing a full utility patent.

Why file a provisional patent?

Get "patent pending" status to deter competitors from copying your invention.

Hold your place in line in the USPTO's first-to-file system.

Save money compared to filing a full patent application upfront.

What is a provisional patent application?

Why file a provisional patent?

Get "patent pending" status to deter competitors from copying your invention.

Hold your place in line in the USPTO's first-to-file system.

Save money compared to filing a full patent application upfront.

Secure "patent pending" status now

File my application

What’s the difference between a provisional patent and a non-provisional patent?‬

Start with a provisional patent to secure your filing date—then decide if a non-provisional utility patent is right for you.

Provisional patent application

Simple filing

No formal claims or oath required

Patent pending status

Secures an early filing date

12-month deadline

Must file a non-provisional to keep priority

Lower cost

No examination or maintenance fees

Not examined

Acts as a placeholder

Covers utility patents only

Applicable only for utility patents

Non-provisional patent‬ application

Detailed filing

Requires formal claims and legal documents

Grants full patent rights if approved

Provides full legal protection

No deadline

But must be filed within 12 months if based on provisional patent

Higher cost

Includes USPTO examination and maintenance fees

Fully examined

Determines patentability

Covers utility, design, and plant patents

Applicable for all patent types

How to file a provisional patent application

To file a provisional patent application, you’ll need a detailed description of your invention, including how it works and any key features that make it unique. While drawings are optional, they can help strengthen your application.

Once filed, you can immediately use "patent pending" on your invention, signaling to competitors that your invention is in the process of being protected.

After 12 months, you'll need to apply for a non-provisional utility patent to obtain full patent protection. Otherwise, your "patent pending" status will expire, and you'll lose your priority date.

Why “patent pending” is important

Stop copycats

Deter competitors from claiming your invention as their own by securing a patent pending‬ status.

Fast protection

File a provisional patent quickly to establish your priority in the patent system.

Save time and money

Secure early protection without the cost and complexity of a full patent application.‬

Attract investors

‭ A patent pending label adds credibility, making your invention more appealing to investors and‬ partners.

Stand out in the market

‬Marking your invention as patent pending signals innovation and exclusivity.‬

First-to-file advantage

‬Reduce the risk of someone else securing rights to your invention in the first-to-file system.‬

Protect your invention before someone else does.

File your provisional patent application today.

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Patent examples: Dos and don’ts

What you can patent

New processes, methods, or improvements to existing inventions

Software with unique functionality

Novel product designs

Chemical compounds with new properties

What you can't patent

Abstract ideas or scientific theories

Mathematical formulas or methods

Artistic works like books or music (covered by copyright)

Natural phenomena or basic business methods

What are common reasons a provisional patent is rejected?

Provisional patent applications aren’t formally "approved" or "rejected" like non-provisional patents, but they can be deemed invalid if they don’t meet USPTO requirements.
Common issues include:

• Insufficient detail in the invention description

• Missing or unclear drawings (if needed)

• Failure to meet novelty or utility requirements

• Incorrect or incomplete filing information

• Filing fees not paid properly

‬Ensuring your application is clear and complete helps prevent issues when transitioning to a‬ non-provisional patent. Consulting a patent attorney can improve your chances of success.‬

Can I patent an idea?

No, patents only apply to tangible inventions, not abstract ideas. To qualify, an invention must be developed enough to be described, built, or used. This includes a working product, process, or design with technical details like drawings and descriptions.

If you’re still refining your invention, a provisional patent can secure your filing date while you‬ continue development. A patent attorney can help ensure your invention meets USPTO‬ requirements.‬

Ready to start protecting your invention?

Secure "patent pending" status today with experienced guidance.

File my application

^*Federal filing fees vary by entity type: micro ($65), small ($130), and large ($325). Most LegalZoom customers file as micro or small entities. We'll help determine your entity type once you get started.

^†Exact filing timeframe may vary depending on application completeness. If your order includes a patent search or patent drawings, please note that processing may take longer, as all required documents must be completed before we can proceed with filing.

^‡Expedited filing accelerates processing compared to our standard timelines and receives priority handling from a licensed patent professional. Exact filing timeframe may vary depending on application completeness.

^§Based on the PLOS ONE study 'The Lone Inventor: Low Success Rates and Common Errors Associated with Pro-Se Patent Applications' (March 21, 2012), which analyzed 500 patent applications and found that attorney-represented applications had a 2.8x higher approval rate than pro-se applications.

^**Based on the AIPLA Report of the Economic Survey 2023, a traditional law firm in the U.S. charge an average of $5,531 for provisional patent application filing.

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