How to Apply for a Provisional Patent Application

The United States Patent and Trademark Office (USPTO) allows inventors seeking a patent to write a description on the idea or technology to file a provisional patent application. Fees and basic filing requirements apply, but before you get started, there are a few facts you need to know about the filing process.

Instructions

1. Contact a patent lawyer to discuss the utility and innovation of the idea, product or technology you wish to patent.

2. Visit the United States Patent and Trademark Office website. Review the benefits of claiming a provisional application for patent. Locate the "Provisional Application for Patent brochure [PDF - 443 KB]" link on the top left corner of the web page and review its contents.

3. Contact the U.S. Patent and Trademark Office by phone at 800-PTO-9199 or email at [e-mail] to request a Provisional Patent Application (Form PTO/SB/16). For a PDF version of the application, visit the USPTO website (see Resources).

4. Mail provisional application and applicable filing fee to:

   Commissioner for Patents
   P. O. Box 1450
   Alexandria, VA 22313-1450

   See the Fee Page of the USPTO website for an updated fee schedule.

Tips & Warnings

• Expect the patent application process to last several months to several years depending on the invention.

• Always consult a patent lawyer.

Resources

• US Patent and Trademark Office
• US Patent and Trademark Office Patent Application