Provisional Patent vs. Full Patent: Which Do You Need?

You’re ready to protect your invention. But should you file a provisional patent or go straight to a full (non-provisional) patent?

This decision can save you thousands of dollars — or cost you your patent rights entirely if you get it wrong.

The Quick Answer

File a provisional if:

You need to establish a priority date fast
Your invention is still evolving
You want to test the market before big investment
Budget is tight

File a non-provisional if:

Your invention is finalized
You’re ready to commit fully
You need enforceable patent rights now
You’ve already filed a provisional and the year is almost up

What’s a Provisional Patent Application?

A provisional patent application (PPA) is a placeholder filing that:

Establishes your priority date (the date you “invented” for patent purposes)
Gives you 12 months to file a full patent
Lets you say “patent pending”
Does NOT get examined by the USPTO
Does NOT result in a patent by itself

Cost: $320 USPTO fee (large entity) / $128 (small entity) + attorney fees ($1,500-$4,000)

What you file:

Description of your invention
Drawings (recommended)
Cover sheet
No formal claims required (but description should support future claims)

What’s a Non-Provisional Patent Application?

A non-provisional patent application is the real deal:

Gets examined by a patent examiner
Goes through the full patent process (prosecution)
Results in an actual patent (if approved)
Provides enforceable patent rights

Cost: $1,820 USPTO fees + attorney fees ($8,000-$15,000+)

What you file:

Detailed specification
Formal claims (defining your protection)
Drawings
Abstract
Various declarations and forms

Provisional vs. Non-Provisional: Side by Side

Feature	Provisional	Non-Provisional
Priority date	✅ Establishes	✅ Establishes
Gets examined	❌ No	✅ Yes
Results in patent	❌ No	✅ If approved
”Patent pending”	✅ Yes	✅ Yes
Duration	12 months only	20 years (from filing)
Claims required	❌ No	✅ Yes
USPTO fee	$128-$320	$1,820+
Attorney cost	$1,500-$4,000	$8,000-$15,000+
Total cost	~$2,000-$5,000	~$10,000-$20,000

The Strategic Value of a Provisional

1. Lock in Your Priority Date

In patent law, whoever files first wins. A provisional lets you establish an early date without full investment.

Scenario: You have an idea in January. You file a provisional. A competitor files a full patent in June. You still win — your priority date is January.

2. Buy Time to Develop

Your invention might still be evolving. A provisional lets you file now and refine for 12 months.

But be careful: Your provisional must describe what you eventually claim. New features added later get a later priority date.

3. Test the Market

Not sure if the invention is commercially viable? A provisional gives you 12 months to validate before committing $15,000+.

4. “Patent Pending” Status

As soon as you file a provisional, you can mark your product “patent pending.” This deters some copiers and looks good to investors.

5. Lower Initial Cost

If budget is a concern, a provisional buys you time to fundraise or generate revenue before the larger non-provisional expense.

The Risks of Filing Provisional

1. The 12-Month Cliff

Your provisional expires in exactly 12 months. If you don’t file a non-provisional by then, you lose your priority date and everything you paid is wasted.

Set a calendar reminder for month 10.

2. Inadequate Description

A provisional must “support” your eventual claims. If you write a vague provisional and then try to claim something specific, you might not get that early priority date for those claims.

Bad provisional: “My invention is a better recycling system using AI.”

Good provisional: Detailed description of the system architecture, AI classification method, sorting mechanism, with drawings.

3. False Sense of Security

A provisional is NOT a patent. It doesn’t protect you from infringement. It’s just a placeholder.

4. Total Cost Might Be Higher

Provisional ($3,000) + Non-provisional ($12,000) = $15,000 Non-provisional only = $12,000

If you know you’re filing anyway, skipping the provisional saves money.

When to File a Provisional

✅ You have an upcoming public disclosure

Trade show, publication, pitch event
File provisional before disclosure to lock in priority date

✅ Invention is still being refined

You’re improving the design
Want to add features in next few months

✅ Testing market viability

Not sure if customers want this
Want to validate before big investment

✅ Cash flow is tight

Can’t afford full application right now
Plan to raise money or generate revenue first

✅ Racing a competitor

Think someone else is working on similar tech
Need to establish priority ASAP

✅ Multiple embodiments unclear

You have several ways to implement the invention
Want time to determine which to pursue

When to Skip the Provisional

❌ Invention is fully baked

Nothing will change in the next year
You have complete specifications

❌ Budget is available

You can afford the full application now
No point paying for provisional too

❌ International filing is needed

Provisional works for US, but international strategy may differ
Consider PCT application timing

❌ You won’t follow through

If you’re unlikely to file the non-provisional in 12 months, don’t waste money on provisional

The International Complication

A US provisional establishes priority for international filing, but:

You must file a PCT or foreign applications within 12 months of the provisional
International filing is expensive ($15,000-$30,000+)
If you only want US protection, this doesn’t matter

If international matters: Consider filing a PCT application instead of or alongside the provisional.

Common Provisional Mistakes

Mistake 1: Too vague

A one-page description won’t support detailed claims later. Be thorough.

Mistake 2: Forgetting to convert

Set multiple reminders. The 12-month deadline is absolute.

Mistake 3: Adding new matter

If you add new features to the non-provisional that weren’t in the provisional, those features get the later filing date.

Mistake 4: DIY without knowledge

Provisional rules are “less formal,” but a bad provisional can hurt your later application. Get professional help or do serious homework.

Mistake 5: Multiple provisionals without strategy

You can file multiple provisionals and combine into one non-provisional, but this gets complex. Have a plan.

The Recommended Path for Most Inventors

Phase 1: Before filing anything

Do a patent search
Confirm your idea is patentable
Don’t waste money on a provisional for an unpatentable idea

Phase 2: File provisional

Write detailed description (8-20 pages minimum for complex inventions)
Include drawings
Cost: $2,000-$5,000

Phase 3: The 12-month window

Validate the market
Refine the invention
Prepare non-provisional

Phase 4: File non-provisional (month 10-12)

Full application with formal claims
Claims based on what you described in provisional
Cost: $10,000-$15,000

Phase 5: Patent prosecution

Examiner reviews, issues office actions
Attorney responds
Eventually: patent granted (or not)
Timeline: 18-36 months

Cost Timeline Example

Month	Action	Cost
0	Patent search	$150-$300
1	Provisional filing	$2,500
1-11	Market validation	$0 (business cost, not patent)
11	Non-provisional filing	$12,000
11-30	Patent prosecution	$3,000-$5,000
30	Patent granted	$0
Total		$17,650-$19,800

Summary

Provisional patents are powerful tools for buying time and reducing risk. But they’re not free insurance — they require follow-through and adequate description.

For most independent inventors and startups:

Search first (don’t file provisionals on unpatentable ideas)
File provisional to lock in date and buy time
Convert to non-provisional within 12 months

For well-funded companies with finalized inventions: Skip the provisional and go straight to non-provisional.

Ready to protect your invention? Start with a patent search →