A pre-filing patent application is a key tool for entrepreneurs and startups. Discover how it ensures an early priority date, saves costs, and provides business flexibility before public disclosure.
In a world where innovation is flying forward at breakneck speed, startups must think smart – and especially fast. Just before you set out to raise investment, unveil your product at a technology conference, or launch a marketing website – you should familiarize yourself with the concept of a “Provisional Patent Application.” This is a legal-strategic tool that can change the rules of the game for young companies.
So what exactly is a preliminary patent application, why is it so important for startups, and how can you get the most out of it? Here's everything you need to know.
What is a preliminary patent application?
A preliminary patent application is a document that can be filed with the United States Patent Office (USPTO) – and is essentially Provisional patent applicationThis is not a complete application that will be reviewed or grant immediate intellectual property rights, but it is Sets an official submission date, which is in patents, is a critical parameter.
This means that as soon as you submitted the application, you received a "time stamp" indicating that your idea was submitted - and from that moment on you have 12 months Submit a full (non-provisional) application based on the same starting point.
Why is a preliminary patent application especially important for startups?
Startups live on the edge – little time, limited resources, fierce competition, and a short window of opportunity. That’s exactly why a provisional patent is an excellent weapon:
1. Early priority date – whoever files first wins
In the American (and global) patent system, "First-to-file" It is the law. It doesn't matter if you thought of the idea first – if someone else submitted it before you, they get the rights.
so, Early filing of a patent application "reserves" a priority date for you, even if you are not yet ready for a full application. This is critical in a world where every second counts, and especially when there is a chance that competitors are working on a similar development.
2. A full year to perfect – without losing protection
One of the significant advantages of filing a preliminary patent application is that you get 12 months to think, develop, market test and refine your invention.
During this time, you can build an initial prototype, test customer feedback, improve features, and work with advisors and investors – all under the “umbrella” of provisional protection. Then, you file the full patent based on the provisional application.
3. Saving money – especially important for startups in the fundraising stages
Filing a full patent involves high costs – both in fees to the patent office and to patent attorneys. In contrast, filing a preliminary patent application Much cheaperTherefore, startups with a limited budget can start with a temporary request, and postpone the large investment until a later stage.
4. "Patent Pending" Label – Smart Competitive Deterrence
One of the great advantages of a preliminary patent application is the possibility of using the term "Patent Pending" – That is, an invention that is in the process of legal protection or, in other words, a pending patent application.
This phrase appears on a product, presentation, website or marketing materials – and it is Sends a clear message to competitors: There is protected innovation here, and maybe you shouldn't copy it. Investors also like to see this phrase, because it indicates that the entrepreneurs are thinking ahead.
5. Strategic flexibility – without rushing to commit
The relatively low cost of filing a preliminary patent application allows startups to file multiple applications in a relatively short period of time. Thus, within a year of filing each application, the company can decide whether to proceed with the registration of one or more permanent patent applications, or to invest its resources in other things that are more important to the company. 12 months in the life of a startup is a long time, and therefore a lot can change. This is one of the reasons why filing preliminary patent applications is an important strategic tool in the management of the intellectual property of startups.
When should you file a preliminary patent application?
The simple answer: Before any public exposureOnce you have published your invention – even on a website, at a conference, in a marketing email or in a LinkedIn post – you may lose the ability to file a patent in the future.
Therefore, if you are about to Meeting with an investor, an exhibition, a prototype presentation or even a crowdfunding campaign – Filing a preliminary patent application will give you peace of mind and initial legal protection.
Bottom line: A small investment that produces great strategic peace of mind
A pre-filing patent application is perhaps the most important tool that startups don't hear enough about. It Provides time, peace of mind, financial savings, and the opportunity to lead.
Frequently Asked Questions about Applying for a Pre-emptive Patent for Startups
❓ What is the difference between a provisional patent and a regular patent?
A preliminary patent application is an initial application that is not examined or published, but sets a filing date. A formal patent application is a complete application that is examined, published, and may become an official patent if it passes the examination process.
❓ Can I file a preliminary patent myself?
Although the law allows it, the right and professional thing to do is to enlist the services of experienced professionals who will write the preliminary patent application for you. Using professionals will ensure that the application meets the requirements of the law and includes all the necessary components to maintain the priority date.
❓ Does a preliminary patent provide legal protection?
Not directly. It does not grant rights to sue, but prevents others from registering the same idea later and allows for marking "Patent Pending."
❓ Do I need to renew the application after a year?
A preliminary patent cannot be extended. You must file a full application within 12 months, otherwise you will lose the reserved date.
❓ How much does it cost to file a preliminary patent application?
The filing fee for a small entity, under US law, is $130 as of 2025. The cost of drafting a patent application by our team is based on 3 milestones that are spread out throughout the life of the application, from the filing stage to the acceptance of the patent. Thus, we have created a mechanism that allows an entrepreneur or startup to file a provisional patent application, with minimal investment of funds in the initial stages.
Contact us via WhatsApp/email/phone to receive a quote for our services.
❓ Is it possible to submit several different preliminary applications for the same invention?
Yes, and this is one of the key flexibilities of a preliminary patent – you can expand, update, or split the invention as you progress.
