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The Daily Insight

What comes after a provisional patent?

Author

James Craig

Published Apr 21, 2026

So after you file your provisional patent application you have several options to keep your idea protected: File a non-provisional patent application or an international patent application that claims the benefit of your provisional patent application (the most common strategy)

How long does it take for a provisional patent to be approved?

Most applications are pending for one to three years. However, it can take three to five years or longer for applications involving software or electronics. The patent pending process begins the moment the USPTO receives your patent application.

How many times can you file a provisional patent?

You can file multiple provisional patent applications and then within 12 months of the first provisional file a non-provisional patent application that claims priority back to each of the provisional patent applications filed within the last 12 months.

Do provisional patents get published?

Provisional patent applications are not published since they are not examined and they are only pending at the U.S. Patent Office for 12-months. After 12-months, a provisional patent application automatically becomes abandoned and therefore will never be published.

Are provisional patents worth it?

Provisional patent applications are a good way to move toward a utility patent. Poorly made provisional applications are not effective for their purpose. Bad applications can be used against the inventor in the future to say there was no invention, or that it’s just an idea.

Is a provisional patent worth it?

How much do Provisional patents cost?

The provisional patent application costs $65 to file, but this doesn’t take into account any attorney fees or time spent doing your own research. The total cost of your patent will depend on its complexity and can range anywhere from $2,000 to more than $17,000.

How do I know if my invention is already patented?

There are Three Steps to Discover Whether an Idea is Patented Already. Go to the official website of the U.S. Patent and Trademark Office. Use the “Full-Text and Image Database” search to verify any present patent applications and pictures. You can find filed applications and pictures for patents filed after 1975.

Can someone steal your idea and patent it?

Patent Protection A patent from the USPTO protects your rights as an inventor. If you already hold a patent to an invention and you believe someone has stolen it, you may file a patent-infringement lawsuit to get them to stop using it and pursue compensatory and/or punitive damages.