How to File a Provisional Patent Application Yourself
Click each step to expand. Check off items as you go. Track your progress at the top.
Before you begin filing, make sure you have everything ready:
- Written description of your invention (all embodiments and variations)
- Labelled drawings or sketches of the invention
- USPTO.gov account created at patentcenter.uspto.gov
- Credit card or bank account for fee payment
- Entity status determined (micro / small / large)
Micro entity qualification: Income below ~$225k, named on ≤ 4 prior US patent apps, fewer than 500 employees, and not assigned to a non-qualifying entity. Saves 75% on fees.
Write as if explaining to a skilled engineer who needs to build it without asking you questions.
- Describe the problem your invention solves
- Describe the mechanism, structure, or process
- List every alternative embodiment and variation
- Include materials, dimensions, and ranges
- Explain how to make and use the invention
- Save the specification as a PDF
Tip: Formal claims are not required for a provisional — but rough claims help establish your inventive concept. Include them if you can.
Informal drawings are acceptable — hand sketches, CAD screenshots, annotated photographs. Focus on clarity and completeness.
- Label every component with a reference numeral
- Number each figure (Fig. 1, Fig. 2…)
- Cross-reference figure numbers in specification
- Save as PDF or individual image files
First, select your entity status to see your filing fee:
Complete the filing at patentcenter.uspto.gov:
- Log in to Patent Center
- Select "New Provisional Application"
- Upload specification PDF
- Upload drawings
- Complete inventor information (name, address, citizenship)
- Select entity status
- Complete Application Data Sheet (ADS)
- File Micro Entity Certification if applicable (SB/15A or SB/15B)
- Pay filing fee
- Submit application
The provisional sits at the USPTO for 12 months — not examined, not published, not reviewed. You now have a US priority date, "patent pending" status, and 12 months to file a non-provisional or PCT application.
- Save your filing receipt (proof of priority date)
- Add "Patent Pending" to products and marketing materials
- Set calendar reminder for Month 10 to begin non-provisional
Critical deadline: At month 12, the provisional expires. If you have not filed a non-provisional or PCT application claiming priority, the date is lost permanently — and any public disclosure you made during those 12 months becomes prior art against you.
Writing Too Little
You can only claim in the non-provisional what was adequately disclosed in the provisional. A one-page description with a single sketch creates a weak foundation that limits your entire future patent.
Forgetting Alternative Embodiments
If you describe only a steel bracket, the non-provisional claims may be limited to steel brackets. Describe aluminium, titanium, composites — even if your prototype uses steel.
Waiting Too Long
The provisional exists to let you file fast. If you spend months perfecting it, you defeat its purpose. File what you have now, then improve the disclosure in the non-provisional.
Not Filing Drawings
Drawings are technically optional in a provisional, but a provisional without drawings is significantly weaker. Always include at least basic labelled sketches.
You've Filed Your Provisional Patent.
Your priority date is secured. You have 12 months to prepare the full application. Set that Month 10 reminder and start working with a patent attorney on the non-provisional.
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How to File a Provisional Patent Application Yourself