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Step-by-Step Guide to Filing a Provisional Patent Application in NYC
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A provisional patent application is one the greatest weapons that a New York City startup can use to beat its competitors. The reason? The U.S. is a first inventor to file system which means the sooner you file the better. Whether you operate in artificial intelligence or medical devices, the goal and first point in the process toward building your company is to protect it. Provisional patent applications are normally the first application filed by a startup to secure their filing date at the USPTO. We detail a few key considerations on how to file a provisional patent application.
What is a Provisional Patent Application?
A provisional patent application is a specific type of patent application used by inventors to quickly and inexpensively secure a filing date for their invention at the United States Patent and Trademark Office. They are not actually patent applications but rather a priority document used to carve your place in line at the patent office. They provide several benefits for inventors and startup companies which include lower cost, less requirements for submission, and secrecy. Provisional patent applications give you 12 months of "patent pending" status where a startup or inventor can test their idea in the market, build their company, seek investors before having to file a nonprovisional (utility) patent application. They are never published, nor examined for patentability which means you have 12 months of secrecy from the USPTO. For stealth startups, this is a great advantage of the provisional patent application. Since they do not require formal claims, or an oath to be submitted the fees for submitting a provisional patent application are much less than a nonprovisional patent application. But don’t let the word "provisional" mislead you. While these applications are not examined, their strength depends entirely on the quality of the technical disclosure you submit. A poorly written provisional application can undermine your ability to secure a future patent and cost NYC inventors and startups more money! Weak disclosures can cost you patent rights down the road. Filing a provisional patent application means you can say your invention is “patent pending,” which can help you attract investors, partners, or customers.
Expert Tip: Provisional patent applications are never examined by the USPTO. Their strength comes from the clarity and completeness of your technical disclosure.
Common mistakes made by inventors can cause NYC startups and inventors more money. Here are a few mistakes to avoid when filing a provisional patent application:
Mistake 1: Leave out pertinent details about your invention because it is not developed. An invention does not need to be physically proto-typed in order to be allowed to apply for patent protection
Mistake 2: Incorrectly submit your provisional patent application to the USPTO. While a provisional patent application is not examined to ensure the invention is patentable, it is examined to ensure it was submitted correctly. Seeking out a licensed patent practitioner in NYC can help you avoid this costly mistake.
Mistake 3: Believe that a provisional patent application allows you protection and to sue a potential infringer. A provisional patent application is the normally the first step in the process but never matures into a patent. A U.S. nonprovisional patent application will eventually become a patent if it is allowed.
Other mistakes include publicly disclosing your invention before filing (which can count against you in later filings) or choosing the wrong entity status, which may cause fee issues or legal problems down the line.
Avoiding these mistakes can save any New York City inventor and startup time, effort, and valuable budget.
Benefits of Filing in New York City:
New York City is a global hub of innovation. Whether you're developing a fintech platform, a fashion tech wearable, or a biotech breakthrough, you are likely surrounded by others doing similar work. Filing a provisional application gives you a critical first-to-file advantage in this highly competitive environment. It locks in your priority date nationwide, which can make or break your chances of securing a patent and protecting your business in the long term.
Additionally, once you file, you gain the legal right to mark your invention as "Patent Pending," which can serve as a powerful signal to investors and competitors. This status can add credibility to pitch decks, licensing deals, and even crowdfunding campaigns. Unlike a non-provisional patent, a provisional application is not published by the USPTO, allowing you to keep your idea confidential while you build your business strategy.
New York inventors are known for being resourceful, and many find affordable patent practitioners such as patent agents or patent attorneys in NYC who understand the local startup ecosystem and can tailor filings for industries like AI, blockchain, medical devices, and consumer electronics. New York is a state known for having some of the hardest workers and innovative startup founders in the world! Protecting your innovation and ideas is key to saving that hard work from being copied.
Is a Provisional Right for You?
You might be wondering, is a provisional patent application the right move? If you are still prototyping your invention or planning to present your idea at a pitch event, then yes—it likely is. If budget is a concern and you're not quite ready to commit to the cost of a full utility patent application, a U.S. provisional patent application is a wise interim step.
Think of a provisional as a strategic pause button. It gives you time to explore your options without losing your place in line. However, keep in mind that you’ll need to convert your provisional patent application into a non-provisional patent application within 12 months of the filing date or risk losing the priority of the invention.
Expert tip: Every inventor and New York startup has 12 months to file a patent application after the first offer for sale, use or publication of the invention. There is no remedy for missing this crucial date.
Step-by-Step Filing Process
Step 1: Write a Clear and Complete Invention Description
Your provisional patent hinges on the quality of your description. Think of this as the blueprint of your invention. You should include all the technical information needed for someone skilled in the field to make and use your invention. This means describing every component, how it’s assembled, and the advantages it provides.
Include variations and modifications. For example, if your invention could be made from multiple materials, mention all of them. If it has different configurations, describe each one. The more comprehensive, the better. This is the foundation of your invention's patent protection.
Step 2: Create Professional Patent Drawings
Drawings make your invention easier to understand. They’re not legally required for a provisional, but they can significantly enhance the clarity and effectiveness of your disclosure. Use diagrams, exploded views, and flowcharts depending on your invention. A mechanical invention might benefit from cross-sections and part labels, while software inventions can be explained with block diagrams or screen flows.
Hiring a patent illustrator familiar with USPTO standards can be a smart investment, especially if your invention is complex. It ensures that your drawings won’t just look good—they’ll also comply with future non-provisional requirements.
Step 3: Conduct Prior Art Research
Even though the USPTO won’t examine your provisional patent application, you should still perform a basic prior art search. Look through existing patents and published applications to make sure your invention hasn’t already been claimed. Google Patents and the USPTO database are good starting points.
This search can help you avoid filing on ideas that have already been protected and can also inform how you describe your invention. By identifying how your idea improves on existing products, you can make your application stronger. However, it is important to know that there are at least 18 months worth of unpublished patent applications that won't show during a prior art search.
Step 4: Complete USPTO Cover Sheet & Forms
You’ll need to provide some essential details on the USPTO’s cover sheet. This includes the title of your invention, your name and contact information, and your entity status. The USPTO offers reduced fees for micro entities (like most solo inventors and startups), so be sure to check if you qualify.
The Application Data Sheet (ADS) is also part of the paperwork. It’s not difficult to complete, but small errors can lead to problems. Make sure all names and contact information are consistent and spelled correctly.
Step 5: Calculate & Pay Filing Fees
The cost of filing a provisional patent is relatively low. Micro entities can expect to pay around $60, while small entities might pay about $120. Large companies pay closer to $240. Fees may vary slightly over time, and you might need to pay extra if your application exceeds a certain page limit or includes multiple drawings.
Paying the fee is simple through the USPTO's Patent Center. Always keep a digital copy of your receipt for your records.
Step 6: File Using USPTO Patent Center
Filing your application online is straightforward using the USPTO’s Patent Center portal. Make sure all files—your specification, any drawings, and the application data sheet—are in PDF format. Upload and double-check everything before submitting.
It’s always a good idea to file earlier rather than later. Don’t wait until the 11th hour. Even small technical issues with file formats or payment errors can delay your filing and cost you your early priority date.
Step 7: Manage the 12-Month Timeline
After filing, you have exactly 12 months to file a non-provisional application that claims priority to your provisional. Use this time wisely. Develop your prototype, validate your business model, and get feedback from the market. Consider speaking to investors or potential licensees. This period is your launchpad.
Don’t forget the deadline. The USPTO doesn’t offer extensions. If you miss the 12-month window, your provisional application becomes void, and you lose that all-important early filing date.
Working with a NYC Patent Patent Practitioner
While it’s possible to file a provisional on your own, working with a patent practitioner such as a patent agent or patent attorney—especially one familiar with the New York innovation landscape and your field—can greatly increase your chances of success. A good patent practitioner will help you draft stronger disclosures, anticipate future claim strategies, and ensure USPTO compliance.
Common Mistakes to Avoid
Many inventors make critical errors during the provisional process. One of the most common is providing too little detail. If your application is vague, you may not be able to claim your priority date when filing the non-provisional.
Filing too soon can also be a problem. Wait until you can clearly and completely describe your invention. Another major pitfall is missing the 12-month deadline. There are no exceptions, and missing it could mean starting over completely.
Conclusion & Next Steps
Filing a provisional patent application is one of the smartest moves an inventor or startup in New York City can make. It’s affordable, fast, and gives you a strong strategic advantage. But quality matters. Don’t treat it as a formality.
Make sure your technical disclosure is clear, complete, and forward-thinking. Whether you file it yourself or work with a professional patent practitioner, take the time to do it right.