Do I get a patent from a provisional?

No. Provisional is just a placeholder. To get a patent, file a non-provisional within 12 months claiming priority to the provisional. Then the non-provisional gets examined and (if successful) becomes a patent.

Why file provisional?

Cheap way to lock priority. Useful when: invention is mature enough to describe but you need time to develop further claims, you want time to market-test before committing to full prosecution, you need a 'Patent Pending' status for fundraising or licensing.

Can I patent a software invention?

Generally yes if the software meets patentability requirements (novel, non-obvious, useful, eligible subject matter). Software patents face higher scrutiny under Alice v. CLS Bank (2014). We can discuss eligibility before filing.

What if I miss the 12-month deadline?

Provisional expires. You lose the priority date. You can still file a non-provisional but its priority date is the non-provisional filing date, not the provisional. Critical: track the deadline carefully.

Should I file before or after public disclosure?

Before. Public disclosure (publication, public sale, conference talk) starts a 1-year US grace period AND immediately destroys foreign patent rights in most countries. File provisional before any public disclosure to preserve global rights.

What does Provisional patent application involve?

This page covers Provisional patent application — including what it is, who needs it, how to file or apply, typical costs, deadlines, and how File.Business handles it for you end-to-end.

How much does Provisional patent application cost with File.Business?

Pricing is shown on this page. We always disclose state filing fees separately from our service fee, with no surprise add-ons at checkout.

How long does Provisional patent application take?

Turnaround depends on the state agency. Standard processing typically takes a few business days; rush options are available where the agency offers expedited service.

Is this service available in all 50 states?

File.Business handles filings across all 50 US states and DC. State-specific rules, fees, and forms are built into the workflow so you don't have to research them yourself.

Home/Trademark Services/Patent Provisional

Trademark Services

12-month priority · USPTO

File a provisional patent application. Lock the priority date.

A provisional patent application establishes a USPTO filing date (priority date) that you can claim for 12 months. During that 12 months you develop the full non-provisional application. Provisional applications are not examined, do not become patents, and expire after 12 months. They are cheap insurance for inventors who want priority but are not ready for full prosecution. We prep and file.

File provisional

All 50 states + DC 60-day money-back SOC 2 Type II

FILE WRAPPER · 63/472,891

★

USPTO

U.S. PATENT & TRADEMARK OFFICE

FILED · MAR 14 2026

PROVISIONAL APP NO.63/472,891

TITLEAdaptive thermal-mgmt assembly

INVENTORChen, J. (one of three)

FIG. 1 · ISOMETRIC SHEET 1 OF 4

Claims drafted · 16 Specification pages · 22 Patent-pending · 12 mo

How it works

How we handle Patent Provisional, end-to-end.

A provisional patent application establishes a USPTO filing date (priority date) that you can claim for 12 months.

Invention disclosure

You provide: written description of the invention, drawings or figures, claims (optional for provisional but recommended). We help structure the disclosure for maximum coverage.

Specification drafting

We draft the specification (detailed description) to support broad claims in the future non-provisional. Quality of provisional specification determines what you can claim later.

USPTO filing

We file with USPTO through Patent Center. Filing date is established immediately. Provisional patent application number issued.

12-month tracking

We track the 12-month deadline for the non-provisional. 11-month and 30-day reminders. Non-provisional must be filed before the 12-month deadline to preserve the provisional priority date.

What we'll set up for you

A clean handoff, in four steps.

You give us the basics. We handle the state, the IRS, and the compliance clock so you can focus on the business.

01 · Name + Brand

A name that's actually available.

Real-time check against the state register, USPTO trademark database, and matching domains.

02 · State filing

Filed with the Secretary of State.

We submit your Articles, pay the state fee on your behalf, and return the stamped certificate.

03 · Federal IDs

EIN + the right tax setup.

Federal Employer ID with the IRS, plus state tax accounts when your business needs them.

04 · Stay compliant

Registered Agent + deadline tracking.

Your agent on file in every state, with every renewal and annual report tracked in one calendar.

Pricing

Transparent patent provisional pricing.

Government fees pass through at cost. No upsells.

Standard provisional

$999

Single invention, single provisional.

Invention disclosure intake, specification drafting, USPTO filing through Patent Center. 12-month deadline tracking. USPTO fee ($130-$320) separate.

Get started

Provisional + non-provisional

$4999

Provisional now, non-provisional within 12 months.

Provisional filing plus non-provisional drafting and filing within the 12-month window. Discount vs. pricing them separately. For inventors committed to full patent prosecution.

Get started

Patent attorney coordination

$1999

Provisional + attorney review.

We prep the provisional; partner patent attorney reviews before filing. For high-stakes inventions where the provisional needs to be bulletproof to support broad future claims.

Get started

FAQ

About the Provisional Patent Application Service.

What is a provisional patent application?

A provisional patent application is a lower-cost, informal filing that establishes an early filing date for your invention and lets you use patent pending for up to twelve months while you prepare a full application. It does not itself become a patent. We handle the entity that owns the IP and connect you with patent counsel.

How long does a provisional last?

Twelve months: it gives you a year from filing to submit a full non-provisional application claiming its date, after which the provisional expires and cannot be extended. Missing the window forfeits the early date. We flag the deadline so the follow-up filing is not lost to the clock.

What does a provisional protect?

It secures an early filing date and lets you say patent pending, which can deter copycats and preserve your priority while you refine the invention or seek funding, but it grants no enforceable rights until a full patent issues. We flag what it does and does not give you before you rely on it.

Why file a provisional first?

It is cheaper and faster than a full application, locks in your priority date, and buys a year to test the market or raise money before committing to the full cost. For many inventors it is a smart first step, and we handle the entity that will hold the invention while you file it.

Does a provisional become a patent automatically?

No: you must file a full non-provisional application within twelve months, and that application, not the provisional, goes through examination to become a granted patent. The provisional is a placeholder, and we flag the timeline so the conversion is not missed.

How detailed should a provisional be?

Detailed enough to fully describe the invention, since your later full application can only claim what the provisional actually disclosed, so a thin provisional gives weak priority. A well-prepared one benefits from professional help, and we keep the ownership entity handled while you invest in the filing.

Should my LLC own the provisional?

Usually yes: holding the invention in an LLC or corporation rather than personally cleans up licensing and investment and is what investors expect. We form and structure the entity so it properly owns the provisional and everything that follows.

What happens if I disclose before filing?

Public disclosure can jeopardize your patent rights, especially internationally, and start a limited grace period in the US, so filing at least a provisional before disclosing is safer. We can point you to counsel on timing and handle the entity so ownership is clean before you show the invention.

Can File.Business help with the business behind a provisional?

Yes: we form and structure the entity that owns your invention and can connect you with patent professionals for the provisional and full filing, so ownership is in the right place early and you avoid messy assignments later.

SOC 2 Type II audited

220,000+ businesses. 60-day money-back. State fees passed through at cost.

Your operating system, not a transaction

Every deadline auto-tracked across your entities. Compliance Score visible year-round.

Transparent pricing

No hidden fees. No upsells at checkout. State fees disclosed upfront.

Business Operating System

I'm starting something

I have a deadline

Something is changing

I need to prove / protect

Build with File.Business

I serve clients

I run a [industry]

I manage multiple entities

I'm integrating or referring

BosAI · your compliance brain

I want intelligence

I need communications

I run money & people

I operate at scale

State of Business Compliance 2026

I want to learn

I want to compare / calculate

I want to research deeper

I need help

File a provisional patent application. Lock the priority date.

How we handle Patent Provisional, end-to-end.

Invention disclosure

Specification drafting

USPTO filing

12-month tracking

A clean handoff, in four steps.

A name that's actually available.

Filed with the Secretary of State.

EIN + the right tax setup.

Registered Agent + deadline tracking.

Transparent patent provisional pricing.

Standard provisional

Provisional + non-provisional

Patent attorney coordination

About the Provisional Patent Application Service.

Start your business in the next 5 minutes.

I'm starting something

I have a deadline

Something is changing

I need to prove / protect

I serve clients

I run a [industry]

I manage multiple entities

I'm integrating or referring

I want intelligence

I need communications

I run money & people

I operate at scale

I want to learn

I want to compare / calculate

I want to research deeper

I need help

File a provisional patent application. Lock the priority date.

How we handle Patent Provisional, end-to-end.

Invention disclosure

Specification drafting

USPTO filing

12-month tracking

A clean handoff, in four steps.

A name that's actually available.

Filed with the Secretary of State.

EIN + the right tax setup.

Registered Agent + deadline tracking.

Transparent patent provisional pricing.

Standard provisional

Provisional + non-provisional

Patent attorney coordination

About the Provisional Patent Application Service.

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Start your business in the next 5 minutes.