Patent Attorney and Founder
Hey everyone, let’s tackle a question I hear all the time: When’s the right time to file a provisional patent application?
I’m JD Houvener, patent attorney and founder of Bold Patents Law Firm. I also wrote Bold Ideas: The Inventor’s Guide to Patents, you can grab a free copy when you book a discovery call on our site. And if you’re just starting out, check out the free Inventor Kit linked below.
First, a quick refresher. In the U.S., there are three types of patents:
- Utility patents — protect how something works (most common).
- Design patents — protect how something looks.
- Plant patents — protect new plant varieties.
We’re talking utility patents today. These cover functional features, the “what it does” part, and can protect more than one aspect of an invention.
A provisional patent application is a simpler, less formal first step. It’s cheaper and faster to prepare than a full (non-provisional) application, and it locks in your filing date. That date matters because it’s your “patent pending” start line. From there, you have one year to file your non-provisional application.
So, when should you file a provisional?
- After confirming it’s novel. Do a patent search yourself or work with a patent attorney.
- When you’re not ready for the full application. Maybe you need more funds, engineering help, or time to test and refine your prototype.
- When you want to test the market. That year gives you room to build, sell, and prove it works.
Bottom line: If you’re still developing your invention but want to protect your place in line, a provisional can be a smart move.
If you’re unsure which type of application fits your situation, give us a call or visit boldpatents.com to get started.
Go big. Go bold.