How to Draft Your Own Provisional Patent Application
By Stewart Myers, Registered Patent Agent  |  September 2025
Inventor drafting a patent application with sketches spread across the desk
Yes—you can draft a solid provisional without a law degree. Here’s the structure that works in the real world, plus filing steps and pitfalls to avoid.
American Intellectual Property Law Association (AIPLA) National Association of Patent Practitioners (NAPP) Oregon Patent Law Association (OPLA)
American Intellectual Property Law Association (AIPLA) National Association of Patent Practitioners (NAPP) Oregon Patent Law Association (OPLA)

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

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

Common mistakes to avoid

Want a second set of eyes before you file—or help converting to utility later?
Get in touch or browse more strategy in the Protect & Profit Blog.