Are you an inventor curious about provisional patents? These patents, recognized by the United States Patent and Trademark Office (USPTO), establish a filing date for a non-provisional patent, allowing “patent pending” status for up to 12 months. This gives you time to assess your invention’s marketability, secure funding, and make modifications before investing in a non-provisional patent.

Provisional Patents Advantages

Assessing your invention’s marketability is a critical step in the commercialization process. By having a provisional patent in place, you can confidently disclose your invention to potential investors, manufacturers, or business partners without the fear of losing your intellectual property rights. This freedom of disclosure enables you to gauge interest, gather feedback, and assess the viability of your invention in the marketplace. It also provides a solid foundation for future negotiations and partnerships, as it demonstrates your commitment and seriousness in protecting your invention.

The provisional patent period is not only valuable for assessing marketability but also for securing funding. Whether you’re seeking investors, applying for grants, or exploring crowdfunding options, having “patent pending” status adds credibility to your invention. It indicates that you have taken the necessary steps to protect your intellectual property, making it more attractive to potential funding sources. This increased credibility can significantly improve your chances of securing the necessary financial support to further develop your invention and bring it to market.

Furthermore, the provisional patent period allows you to make modifications and improvements to your invention based on feedback, market research, or technological advancements. This flexibility is invaluable as it gives you the opportunity to refine your invention, address any design flaws or functional limitations, and enhance its overall commercial viability. By taking advantage of this grace period, you can fine-tune your invention, increasing the likelihood of success when you eventually file a non-provisional patent.

Provisional Patents Limitations

Provisional patents offer several benefits, making them an attractive option for inventors. However, it is crucial to carefully consider the associated drawbacks before deciding to file one. While a provisional patent provides some level of protection and establishes a filing date, it alone cannot block alleged infringers from using your invention. To achieve that level of protection, you will ultimately need to obtain a non-provisional patent.

Moreover, it’s important to understand that filing a provisional patent does not guarantee the grant of a non-provisional patent. The provisional patent serves as a temporary measure, allowing inventors to secure their priority date and buy time to further develop their invention and evaluate its market potential. However, the road to obtaining a non-provisional patent can be complex and requires expert guidance.

The process of correctly filing a provisional patent requires the expertise of a skilled patent attorney. Their knowledge of patent law and experience in dealing with the USPTO are essential to ensure a well-crafted application that effectively supports a non-provisional filing. By working with a patent attorney, you can navigate the intricacies of the patent system and maximize your chances of obtaining comprehensive patent protection for your innovative idea. Their guidance and assistance are invaluable in ensuring that your provisional patent application is structured in a way that aligns with the requirements for a successful non-provisional filing, securing your priority date and strengthening your patent position.


At Fargo Patent and Business Law, our experienced attorneys assist inventors with provisional applications. We’ll guide you in drafting a comprehensive application that fully describes your invention and supports a successful non-provisional patent. We can also help navigate legal issues during the patent process.

In summary, provisional patents, recognized by the USPTO, protect your intellectual property while testing marketability. Understand their limits and work with a patent attorney. Fargo Patent and Business Law ensures proper application. Contact us for a free consultation and learn how we can assist with your patent needs.