A Provisional Patent Application is a preliminary, low-cost filing with the USPTO that establishes a priority date for your invention.
After filing, you have 12 months to complete and file the official patent application (Utility Patent), and you’re allowed to mark your product “Patent Pending” in the meantime.
Why use this service at AWE Global?
Establishes an early priority date
Much lower cost than filing a full patent application right away.
12 months to complete
Time to test and raise funding before filing the official application.
“Patent Pending” status
You’re allowed to announce pending-patent status when launching your product.
Process
01Assess the novelty and protectability of the invention
02Prepare a technical description and drawings (if any)
03File the provisional patent application with the USPTO
04Advise on the roadmap to complete the official application within 12 months
Documents / information needed
- Detailed description of the idea/invention
- Illustrative drawings or diagrams (if any)
- Inventor information
Common mistakes to avoid
- Believing a provisional application is an official patent — in reality it only establishes a priority date and is not yet granted protection.
- Not filing the official application within 12 months, causing the priority right to fully expire.
- A sparse invention description without enough technical detail to serve as a basis for the later official application.
Frequently asked questions
Is a provisional application protected immediately?
No, this step only establishes a priority date; you need to file the official application (Utility Patent) within 12 months to be considered for actual protection.
Is filing a provisional application cheaper than the official one?
Yes, this is one reason a provisional application is favored to establish rights early at low cost.
Can I amend the content after filing a provisional application?
You can’t amend the content already filed, but the subsequent official application can expand on and add detail to it.