How to get a provisional patent

In this short post we will cover how to get a provisional patent using the latest rules and tips for 2026.   For anyone new around here, filing a provisional patent application (PPA) is a strategic way to secure a “patent pending” status for 12 months. While it is less formal than a non-provisional application, you must submit specific documents to the USPTO Patent Center to ensure your filing date is protected.

According to the latest rules, here are the four essential files you’ll need:

1. The Provisional Cover Sheet (Form SB/16)

This is the only required form for a PPA. It acts as a transmittal letter that provides the USPTO with vital administrative data.

  • Purpose: Identifies the invention title, inventor names, and your correspondence address.

  • Key Tip: Without this, your submission will not be treated as a provisional application and may not be accepted (or incur a fee)

  • Resource: You can download the Form SB/16 directly from the USPTO using the link above.

2. The Specification (Written Description)

This document is the “heart” of your application. It must describe your invention in enough detail that someone skilled in the field could recreate it.

  • Requirement: While there is no rigid format, it must be thorough. Once filed, you cannot add new information to this specific filing.

  • Resource: Use our provisional patent template to ensure you include proper paragraph numbering and sections like Background, Summary, and Detailed Description.

3. The Figures or Drawings

While they don’t need to be “fancy” or professional at this stage, they are essential for clarifying how your invention works.

  • Content: This should be a separate PDF file containing your technical drawings, diagrams, or flow charts (common for software patents).

  • Rule of Thumb: If a drawing is necessary to understand the invention, it must be included.

4. Certification of Micro Entity Status (Form SB/15A)

If you are a solo inventor or a small startup, you likely qualify for an 80% discount on USPTO fees.

  • The Cost: In 2025, the micro entity fee is approximately $65, compared to $325 for large entities.

  • The Requirement: To get this discount, you must submit Form SB/15A certifying that you meet the income and filing limits.

  • Tip:  If you are unsure, play it safe and pay the extra money to file as a “small entity” instead.  

Summary Checklist for Filing

  • Prepare 3–4 PDF Files: (1) Cover Sheet, (2) Specification, (3) Figures, and (4) Micro Entity Form (if applicable).

  • Check the Deadline: Your PPA expires exactly 12 months after filing. Mark your calendar for 10 months out to decide on a non-provisional filing.

  • Final Step: Submit through the USPTO Patent Center and ensure you pay the filing fee immediately to receive your electronic receipt.

Tip:  Follow our free step by step guide to filing a provisional patent here application online