Steps in Provisional Patent Drafting | Complete Guide by InventionIP

Discover the essential steps in provisional patent drafting — from defining your invention and conducting a prior art search to filing with the USPTO. Learn how to prepare clear descriptions, include accurate drawings, and secure “patent pending” status. A well-drafted provisional patent lays the foundation for your future non-provisional filing. Get expert help with your patent application at InventionIP.

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1. STEPS IN
PROVISIONAL
PATENT DRAFTING
1. Idea Conception
6. Write the Provisional Patent Application
2. Conduct a Prior Art Search
7. Review and Edit
3. Draft a Detailed Description
8. File with the USPTO
4. Include Illustrations or Drawings
9. Secure “Patent Pending” Status
5. Define Key Features
10. Transition to Non-Provisional Application
Clearly define your invention — its purpose, function, and
unique advantages. Identify what makes it new and useful.
Compile all sections — title, description, drawings,
background, and summary — into a formal document.
Research existing patents or publications to ensure your
invention is original and not already patented.
Check for completeness, accuracy, and clarity. Ensure the
document fully supports future claims.
Explain your invention thoroughly — include structure,
operation, and use cases. Use clear and technical language.
Submit the provisional application online via the USPTO
website and pay the required filing fee.
Add labeled drawings that visually represent your invention.
These help clarify the written description.
Once filed, your invention gains temporary protection for 12
months, allowing you to refine or market it.
List the core inventive elements that distinguish your idea
from existing solutions.
Before the 12-month period ends, file a non-provisional
(utility) patent to pursue full patent rights.
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A well-drafted provisional patent can strengthen
your future non-provisional application.