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There is a great misunderstanding among many inventors and entrepreneurs regarding what many simply refer to as a “provisional patent.” The first thing that needs to be said is that there is no such thing as a “provisional patent.” Instead, what you file is called a provisional patent application.

Like any other patent application, a provisional patent application is effective to stop the clock relative to so-called statutory bars and immediately upon filing a provisional patent application you can say you have a “patent pending.” Perhaps most importantly, now that the United States has become a first to file country and abandoned our historic first to invent ways ( it is critically important to file a patent application as soon as practically possible.

If you have a Mac based computer, you will need to use a Windows emulator such as

It provides the means to establish an early effective filing date in a non-provisional patent application (2).

Drawings in a Provisional Patent Application There is a popular misconception about drawings in a provisional patent application.

Many believe that that drawings are not necessary in a provisional patent application, and some non-attorney services and courses suggest that drawings are not required.

According to some schools of inventing a provisional patent application is a low-cost alternative or a preliminary step before filing for a non-provisional patent that gives one additional year of protection or grace - maybe enough time to test market your invention before investing in the cost of a regular patent.

There are advantages and disadvantages to a provisional patent application - learn about them before making your decision.