Provisional Patent Applications for Startups

A provisional application lets a startup secure a U.S. filing date at lower cost while it keeps developing the product. It is never examined and cannot become a patent by itself, so you must file a nonprovisional application within 12 months to keep the date.

Why startups use them

A filing date can matter if someone else files for the same invention.
It lets you say "patent pending" while you test the market and raise money.
It costs less than a full application and gives you a year to decide whether to go further.

What it does not do

It is not examined, so it never matures into a patent on its own.
It is abandoned automatically after 12 months.
It only protects what it actually describes; vague descriptions give weak protection.

Get it right

Because a provisional only supports what it discloses, have a registered patent attorney or agent review it. See attorney or agent.

Questions

How long does a provisional patent application last?

12 months from filing. To keep the benefit of its filing date you must file a nonprovisional application within that period.

Can I sell or show my product after filing a provisional?

You can describe it as patent pending, but what you may disclose and where depends on your situation, so ask a registered practitioner before launching.

Sources

General information, not legal or financial advice. Reviewed 10 November 2026.