Provisional Patents

What is A Provisional Patent?

A provisional patent application quickly establishes a priority date and “patent pending” status with the U.S. Patent and Trademark Office (USPTO). This reserves your spot in line while giving you 12 months to further develop your idea before filing a non-provisional utility patent.

Who Would Want A Provisional Patent?

A provisional patent application can be a strategic move for inventors and companies looking to protect a new invention on a budget. Filing provisionally reserves your spot in line at the patent office and establishes a priority date, buying you time to further develop the invention, assess market demand, secure funding, or determine if a patent is the right IP protection strategy. Startups often use provisionals to lock in rights early while allowing more time for commercialization. Larger companies utilize them to quickly protect promising ideas emerging from R&D.

Benefits of A Provisional Patent

  • Low cost and fast filing
  • Signals IP rights to deter infringement
  • 1 year to perfect the invention
  • Early priority date at USPTO
  • Enables “patent pending” marketing
  • Ability to convert to non-provisional within 12 months

Common Issues with Filing a Provisional Patent

Filing your own provisional patent often leads to inadequate disclosure or missing requirements that invalidate the patent. Publicly sharing the invention before filing can also ruin patentability. Applicants also struggle to follow up on time with the full patent application. Consult a patent attorney to avoid wasting time and making mistakes on your provisional filing.

Learn About the Process

Submit your inventor disclosure form

Drafting and filing

Office Action

Patent is Issued

How DLS Can Help?

DLS can assist you on how to file provisional patents to protect your intellectual property while you develop your invention.

Preparing and filing utility, provisional, and design patent applications with the USPTO

Providing opinions on patentability, validity, infringement, and freedom to operate for your inventions

Enforcing your patent rights by pursuing infringement cases in U.S. district courts and on appeal

Responding to any USPTO proceedings challenging your patents after issuance

let's work together!

You have questions & we have answers, so reach out and get some of your concerns addressed.
Book your free consultation with us today!

Useful Resources

Streamline Your IP Capturing Process in Three Steps

Streamline Your IP Capturing Process in Three Steps

The ability to create and protect intellectual property (IP) has become paramount for tech companies aiming to stay ahead of the curve. This is possible when there is an effort to harness the full potential of the company’s innovation. Often, the challenge is getting...

meet our team

At DLS, our tight-knit team of intellectual property attorneys and staff are passionate about protecting our clients' innovations. We take the time to fully understand each client's business model and technology so we can provide tailored strategies for safeguarding our client's ideas and inventions.

We take great pride in breaking down complex patent and trademark law concepts into clear, digestible information so our clients fully understand each step of the patent process. Our attorneys have extensive expertise across a wide range of technical fields and so much more.

At DLS, we provide the individualized service of a small firm with the experience of a large firm. Learn more on how DLS can protect your intellectual property.

Other Patent Services

Utility / Non-Provisional Patents

Design Patents

PCT / International Filings


My experience working with Delta Legal Services℠ has been great. They are professional and responsive. They deliver high quality results. They transformed the Invention Disclosure document that I wrote into a patent document that is very professional and high quality. When we reviewed the patent document together, I found they really understood the essense of the invention. They also took our feedback in full in refining the patent document. The entire process – working with Delta Legal Services℠ – was very smooth.

– B.C.

Jubin Dana is a true professional. His knowledge of technology as well as the patent process is exceptional. He is able to translate technical innovations into patents that get approved. Best of all he is responsive and has a commitment to meeting the needs of the innovator. Delta Legal Services℠ provides services that are comparable to the most expensive big firms at a much better rate.

– C.S.

Unexpectedly finding ourselves in need of a patent attorney could have been very overwhelming, as we had little to no experience in this area. It was immediately evident that Jubin was very knowledgeable, and the complexity of our situation really allowed his expertise to shine. He was extremely thorough and detailed in explaining convoluted things to us in clear, laymen terms, so we could collectively formulate a winning strategy for our case.

– J.R.

let's work together!

You have questions & we have answers, so reach out and get some of your concerns addressed.
Book your free consultation with us today!