How much a provisional patent costs
The USPTO charges $65, $130 or $325 to file a provisional application, depending on who you are. A lawyer or agent costs extra and is optional. It gives you a filing date and twelve months of “patent pending”. It never becomes a patent by itself.
The government fee
| Applicant | Fee |
|---|---|
| Micro entity | $65 |
| Small entity | $130 |
| Everyone else | $325 |
From the USPTO fee schedule, effective January 19, 2025 and last revised November 1, 2026. Check it the day you file. Very long applications pay an added size fee.
Who writes it
You may file on your own. The USPTO’s page on filing alone says no attorney or agent is required, and also recommends using a registered one. Prices for that help vary, so get a quote for this one filing.
What you get
The USPTO’s provisional page says it needs no formal claim, oath or declaration, and that provisional applications are not examined. It lets you use the term “Patent Pending” in connection with the invention.
The twelve-month clock
“The 12-month pendency period cannot be extended.”
To keep the date you must file a nonprovisional application within those twelve months. The USPTO allows one narrow rescue: a petition, for a nonprovisional filed within fourteen months. Do not plan on it. Showing the invention publicly during the year can also cost you rights if the window closes with nothing filed.
Write it to be complete
The later application can rely on the provisional’s date only for what the provisional supports. So describe every version you can think of, materials, shapes and alternative mechanisms, and how to make and use it. Include labeled drawings, even rough ones.
When to hold off
The year starts when you file. If you cannot pitch within it, wait until you can, and ask a registered practitioner whether a public showing has already started a clock of its own. Then spend the year pitching.