Best Provisional Patents

Don Debelak offers affordable patents

Best Provisional Patents clearly outline what your invention is, provide drawings and covers as much ground as possible, even listing disclosures and specifications that will lead to multiple patents later on.

The Internet seems to be full of provisional patents for $149.00 or some other very low price.  These prices work because no one looks at a provisional patent until they evaluate a utility patent application that looks at a provisional patent for priority.  So if your provisional patent is not done correctly you won’t get a priority date.  Which means if someone else files for a patent on a product with similar claims to yours, they may be first to file and you won’t be the first inventor to file and probably will lose ability to patent your idea.

Your provisional patent needs to have a detailed description and in most cases drawings to clearly show your invention so the patent examiner will feel you have possession of your invention.  If you fail to show you have possession of your patent your provisional will be worthless.  This detailed description should be written very similar to a standard non-provisional application.

{Don Debelak’s new book, Turning Your Invention into Cash is now available on Amazon for $3.49. Go to and enter inventions Don Debelak to purchase. From the author of Entrepreneur Magazine’s Bringing Your Product to Market.}

Getting a provisional patent application number is of no assistance unless your patent is done right. That is why you are better off using a patent attorney or a patent agent on a provisional patent.   No matter how much information you supply the patent agent or attorney, they will need to rewrite the Detail Description and the Summary of the Invention for the provisional patent, and probably have patent drawings completed.  Be sure to ask for a copy to review before the provisional patent is sent off.

Drawings in a Provisional Patent Application

Your disclosure in a provisional patent needs to explain the invention.  Drawings don’t have to be to the same standard as a non-provisional patent, but they should include numbers for each component that goes with detailed description. I also like to include a Summary section on how the invention works.

Open-Ended Language

You need to be sure you don’t limit your potential patents deriving from a provisional patents by using any closed ended language.  Phrases like “consisting of these features” are limiting in that only that combination of features can be patented.  Since often you are getting a provisional patent first in order to do some market testing leave your options open.  Instead of consisting use phrases like comprising components similar to, or “comprising in one embodiment of “are much better.

List Many Embodiments

An advantage of the provisional patent is that you can end up with multiple patents using the same provisional patent patent examiner to apply for multiple patents when you file for a utility patent, but your provisional patent can, and should, give you the most flexibility for what final patent you want to apply for.

Get all these steps right and you will have all the best features of a provisional patent, with strong priority you can use in case of any dispute on priority for your invention.

as a priority date.  List as many embodiments as you can think of, all with open-ended language in your patent.  You will have to be more specific in your final patent, but listing as many possibilities as you can is permissible in a provisional patent.

Method of Use Description

Patents can be either product based or method based.  For a provisional patent it is a good idea to include a method of use description that would qualify for a method of use patent. Again you  might eventually be required by an miner to do a separate patent for a method of use, but that won’t matter for a priority date, the provisional patent can cover multiple patents.

Don Debelak offers affordable patent work. Check out