What Is a Provisional Patent Application?

Patent Protection Intellectual Property Concept

A provisional patent application (PPA) is a document issued by the U.S. Patent and Trademark Office (USPTO) that protects a new invention from being copied. A PPA allows an inventor to pitch an idea, test its commercial viability, and refine a product before formally applying for a patent. The PPA is simpler and cheaper than a patent application, but still requires a cover sheet, written description and title of the invention, names and residencies of the inventors, and drawings, among other things. 

How Long Is a Provisional Patent Application Good For?

A PPA protects a new invention from being copied for up to 12 months before a formal patent application is filed. The “patent pending” label on a product indicates that the inventor has filed a PPA application. 

How Much Does a Provisional Patent Application Cost?

As of July 2021, the standard PPA filing fee is $300. Fees subject to reduction upon establishment of small entity status ($150 filing fee) or micro entity status ($75 filing fee).

What is The Likelihood of Being Able to Move Forward to An Actual Patent?

Your PPA will not be published or examined by the USPTO and does not indicate that the invention is unique enough to receive an actual patent. However, a PPA is a useful tool. Because the United States is a first to file country, the PPA gives the filer a priority filing date. A PPA, on its own, will never mature into an issued patent; you must file a non-provisional utility patent application.

Poorly done PPAs can be used against the inventor later as a weapon to demonstrate there was no invention, or at least that the invention had not ripened past the idea stage at the critical moment the PPA was filed. Contact an experienced business law attorney today to ensure that your application is completed correctly.

The law is a constantly evolving field, and the content herein may not reflect the most current legal developments, statutes, or case law. 

This publication is intended for general informational and educational purposes only and does not constitute legal advice, nor does it create an attorney-client relationship between EPGD Business Law and any reader.


Before acting on any information contained in this publication, you should seek legal, financial, or tax advice from a qualified professional. For specific legal guidance, please reach out to our firm to contact any of our attorneys.

EPGD Business Law is located in beautiful Coral Gables. Call us at (786) 837-6787, or contact us through the website to schedule a consultation.

*Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns. Contacting us through our website does not establish an attorney-client relationship.*

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Silvino Diaz

Silvino Edward Díaz, Esq. is the Director of the Entertainment Law Group at EPGD. He has over 10 years of experience representing Grammy and Emmy award-winning artists and entertainers, companies and brands in major deals, lawsuits and as a general counsel. He has represented world-leading digital streaming providers (DSPs) as well as renowned publications like Rolling Stone en Español, and other global businesses. His practice includes industries such as music, arts, tech, crypto, media, publishing, data privacy and others. Billboard Magazine recognized him as one of America’s Top Music Lawyers (2022); and Super Lawyers has distinguished him as a Rising Star in Sports & Entertainment (2021-2025). He is a professor, speaker, and mentor to thousands via his platform Starving Artists, a legal service and media channel for artists, creators and entrepreneurs. He has authored three (3) books, including the “Music Catalog Sales Guide”, a comprehensive practice guide for artists, executives and professionals in the music industry..

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