Draft your provisional patent application.
A provisional application gives you an early US filing date and 12 months to decide on a full application. Its value depends on how well it describes your invention, and that's where Obsidyan helps.
Get startedWhat a provisional application does
A provisional is a lower-cost way to establish a priority date under 35 U.S.C. 111(b). It lets you use the term "patent pending".
- It doesn't need formal claims, and it is never examined.
- It expires after 12 months and can't become a patent by itself.
- A later nonprovisional application must claim its benefit within those 12 months.
- The later application only gets the early date for what the provisional actually described.
What it costs
The USPTO filing fee is $325, or $130 for small entities and $65 for micro entities, under the schedule last revised November 1, 2026. Attorney drafting is usually the largest cost, and Obsidyan credit packs start at $9.99.
How to write a good one
A thin provisional can leave you with a filing date that doesn't protect what matters. Obsidyan's guided interview is built to draw out the detail a short summary misses.
- Explain how the invention is made and used, not only what it does.
- Describe alternatives and variations you can foresee.
- Include drawings wherever they help explain the invention.
- Have a registered patent practitioner review it before filing.
Common questions
- How much does a provisional patent cost?
- The USPTO fee is $325, $130 for small entities or $65 for micro entities. Drafting costs are separate and depend on whether you use an attorney.
- How long does a provisional patent last?
- 12 months from its filing date. It can't be extended in the ordinary course, so mark the deadline. The patent deadline calculator shows the key dates.
- Can I file a provisional patent myself?
- Yes, inventors can file on their own behalf through USPTO Patent Center. A patent attorney or agent can reduce the risk of a filing that doesn't support your later claims.