Two Paths, Two Purposes
Both a provisional application and a utility application can put you in patent pending. But they are built for different jobs.
Provisional: Plant the Flag
A provisional is fast and relatively inexpensive. It can secure your place in line and give you up to 12 months to refine the invention, test the market, and raise capital. Here’s the catch: a thin write-up doesn’t protect much. A provisional only earns its keep when it contains full technical detail—the same depth you’d expect in a real application.
Utility: Suit Up in Full Armor
A utility filing is the complete package. It will be examined, can be enforced once granted, and can last up to 20 years from filing. It costs more and demands completeness on day one, but it’s how you lock in durable claim scope.
The Nugget
A provisional is a placeholder, not protection by itself. Think of it as scaffolding: powerful if you plan to build on it soon, flimsy if you stop there.
When to File What
- Choose a provisional when speed and flexibility matter—fundraising, pilot users, iteration. Write it with real disclosure quality so you can safely roll into a utility later.
- Choose a utility when the design is stable, competitors are close, or you need enforceable rights on a defined feature set.
Practical Tips
- Don’t under-describe. Include variations, alternatives, and fallbacks. Future claims need present support.
- Roadmap the year. If you file a provisional, schedule work blocks now for experiments, drawings, and conversion to utility well before the 12-month deadline.
- Mind disclosures. Public posts, demos, or offers for sale can jeopardize rights outside the U.S. if not carefully timed.