You’ve developed something patentable. Should you file a provisional first or go straight to a non-provisional? The answer depends on how finalized your invention is, how fast you need protection, and how you want to manage costs.

Key Differences

Provisional Application

A low-cost placeholder that locks in your filing date but isn’t examined.

• Establishes priority date for 12 months
• Lets you mark products “Patent Pending”
• Must be converted within one year

Firm Type	Typical Cost	Notes
Big City Firms	$3,500–$6,000	Usually a sunk cost
Our Firm	$2,000–$4,000	Credited toward non-provisional

Non-Provisional Application

The formal filing that’s examined and can issue as a patent.

• Begins examination immediately
• Formal claims and structure required
• Usually issues in 2–4 years

Firm Type	Typical Cost	Notes
Big City Firms	$20,000–$35,000+	Full examination process
Our Firm	$10,000–$18,000	Same quality, less overhead

When to File a Provisional First

Your invention is still evolving. Lock in the date now and refine later. Save roughly 50% up front compared with BigLaw.

You’re about to disclose publicly. File before trade shows or investor presentations to preserve foreign rights.

You’re testing market interest. Use a low-cost provisional to gauge traction, then convert only if the product succeeds.

You’re budget-constrained. Spread costs: provisional this year, non-provisional next year. We credit the provisional cost toward your full filing when the invention hasn’t changed.

You have multiple related ideas. File several provisionals, then convert only the winners—spending half what large firms charge.

When to Go Straight to a Non-Provisional

Your invention is finalized. Skip the provisional delay—patent can issue 12 months sooner. Save $10K–$15K compared with BigLaw.

You’re in a fast-moving field. AI, software, and electronics reward early patents. Speed and affordability matter.

You’re sure of commercial value or facing competitors. Go directly to a full application to secure enforceable rights sooner.

You need an issued patent for investors or licensing. Our end-to-end cost to issuance averages $16K–$27K versus $30K–$45K at large firms.

Common Mistakes

Weak provisional. It must fully describe the invention—sketchy filings lose protection. We prepare complete provisionals that support later claims.

Missed 12-month deadline. If you don’t convert, you lose your rights. We track deadlines at no extra cost.

Filing too soon. Don’t rush a non-provisional until the design is stable.

Quick Decision Guide

File Provisional If…	Go Non-Provisional If…
Invention still evolving	Product finalized
Disclosure imminent	Speed or investors matter
Testing market viability	Competitors close behind
Limited funds	Need issued patent soon

Why Our Approach Saves You Money

We credit your provisional cost toward your non-provisional, reuse all technical content, and eliminate big-city overhead. That typically saves 40–50% per patent—funds you can reinvest in R&D, extra filings, or international coverage.

International Strategy

To keep foreign rights, file before any public disclosure. A provisional gives you 12 months to evaluate markets and file a PCT if global protection makes sense. Lower U.S. filing costs leave more budget for international patents.

The Bottom Line

File a provisional when you need time, flexibility, or funding. File a non-provisional when your invention is ready and speed matters. Either way, you deserve quality patent work without Manhattan pricing.