Goal: fully describe how to make and use every meaningful version
so your later utility filing has strong support.
1) Define the core invention in one sentence
What problem, what mechanism, what result. This becomes your compass for the rest of the write-up.
2) List every embodiment and variation
Different materials, sizes, placements, algorithms, workflows, and use-cases. If a competitor could build it that way, describe it. You can “pull” your best versions into a later non-provisional.
3) Write the spec so a skilled person could build and use it
Explain the build and the use. Include components, dimensions or ranges, process steps, control logic, failure modes, performance targets, and acceptable substitutes. More detail beats less.
4) Add drawings that teach
Label parts and flows. Include exploded views, cross-sections, block diagrams, method flow charts, and “alternative layouts.” Hand sketches are fine if they’re clear.
5) Call out advantages over what exists
Don’t market—teach. Explain how your features solve prior pain points. A quick prior-art pass helps you emphasize meaningful differences.
6) Include multiple use scenarios
Normal, edge, degraded, and failure modes. If your design is configurable, show presets and toggles.
7) Optional but helpful: draft placeholder claims
Not required for a provisional, but writing a few broad, teach-y claims can reveal gaps in your description.
8) Housekeeping before you file
- Name the correct inventor(s).
- Add a descriptive title.
- Bundle spec + drawings into a single PDF.
- Prepare the USPTO cover details in Patent Center.
- Confirm entity status; micro-entity provisionals are currently about $65 to file.
9) File at USPTO Patent Center
Submit as a provisional under 35 U.S.C. 111(b), pay the fee, and save your filing receipt. You may now say “patent pending”—that signals you filed, but does not give you enforceable rights yet.
10) After filing, manage the clock
A provisional never publishes and expires in 12 months. Convert to a non-provisional (or PCT) in time, and make sure the non-provisional fully supports your best embodiments.
Best practices that make DIY provisionals stronger
- Describe not just the “what,” but the how to make and use—think recipes, tolerances, and acceptable substitutes.
- Include broad and narrow versions. Capture workarounds a copycat might try.
- No prototype required. Clarity beats hardware at the provisional stage.
- Treat the provisional like a strategy document, not a napkin—you’re building optionality for the utility filing.
Common mistakes to avoid
- Filing thin disclosures that don’t enable others to build and use the invention.
- Assuming “patent pending” equals protection—it doesn’t.
- Letting the 12-month window lapse or changing the design without having described the new version.
Get in touch or browse more strategy in the Protect & Profit Blog.