Provisional Patent Forms (2025 update)

Filing a provisional patent application is often the smartest (and cheapest) first step in protecting a new idea. It gives you “patent pending” status and a 12-month head start to file a non-provisional (full) utility patent application— without needing formal claims or fancy (formal) patent drawings.  

But even though it’s called a “simplified” filing, you still need to get the paperwork right. In this blog post, we’ll walk through the USPTO required provisional patent forms to file a provisional patent application in the U.S., including what they’re for, how to fill them out, and where to submit them.

 

🧾 What Is a Provisional Patent Application?

A provisional patent application (PPA) is a lower-cost way to establish an early filing date for your invention. Unlike a non-provisional application, it doesn’t require:

  • Patent claims
  • Oath or declaration
  • Prior art disclosure (IDS)
  • Formal (or fancy) figures or drawings but you should include good detailed drawings showing the invention to make it a proper filing

Warning:  the provisional  must include a full written description and good drawings of the invention that enables (teaches) someone skilled in the art to make and use it.

 

✅ Required Forms for Filing a Provisional Patent

Filing your PPA with the USPTO requires a few key provisional patent application forms:

  1. Provisional Cover Sheet – Form SB/16 (see video below)

  • Form name: Provisional Application for Patent Cover Sheet (SB/16)
  • Purpose: Identifies the applicant, the invention title, and other key info like correspondence address, attorney/agent (if any), and U.S. Government support.
  • Important: This form must accompany your specification and drawings. If you forget to include it, your submission won’t be treated as a provisional application.
  • Link – USPTO Provisional Patent Form
  • Video

  1. Specification and Drawings

  • Not a form, but essential: You must include a written description of your invention and, if needed, technical drawings or figures that show how it works.
  • There is no formal template, but the content must be detailed enough for someone in your field to replicate the invention. Download our free specification template using the link below
  • Pro tip: Include multiple examples or what we call “embodiments”, to describe the invention clearly explain how each part or process works.
 

  1. Micro entity fee form (optional but saves you money)

Link: Form SB/15A

 

💳 Filing Fees (as of 2025)

Entity TypeUSPTO Filing Fee
Large Entity$325
Small Entity$130
Micro Entity$65*

*To qualify as a micro entity, you must meet income and inventor limits. Complete Form SB/15A above to claim micro entity status if eligible.

 

🖥️ How to File with the USPTO

You can file your provisional patent application in three ways:

  1. Online via USPTO EFS-Web (Preferred)
    • Register for a USPTO account
    • Upload your SB/16 cover sheet, specification, drawings, and optionally SB/17
  2. By Mail
    • Mail all documents with a check/money order and the correct forms
    • Address:
      Commissioner for Patents
      P.O. Box 1450
      Alexandria, VA 22313-1450
  3. By Fax (Not Recommended)
    • Only allowed for certain filings, and errors are common

Link to my blog post on this.

 

⚠️ Common Mistakes to Avoid

  • ❌ Submitting without the SB/16 cover sheet
  • ❌ Forgetting to include enough detail in your specification or figures
  • ❌ Missing or incorrect fees
  • ❌ Assuming it protects you for more than 12 months (you must convert to a non-provisional within 1 year)

 

🕒 What Happens After You File?

You’ll get an electronic acknowledgment receipt with a filing date and application number. The USPTO does not examine provisional applications for patentability — it’s simply a placeholder that establishes priority.

To maintain rights, you must file a non-provisional patent that claims the benefit of the provisional filing date within 12 months.

 

📌 Summary Checklist

✅ Form SB/16 – Provisional Cover Sheet
✅ Specification – Detailed written description
✅ Drawings – If needed to explain invention
✅ Form SB/15A – Micro entity form (only required if you want the discount)
✅ Filing Fee – $75–$300 depending on entity
✅ Filed via EFS-Web for fastest processing – Free guide

 

Final Thoughts

A provisional patent application can be a powerful tool for inventors — giving you time to refine your idea, seek funding, or test the market. But it only works if you prepare it carefully and submit the right forms.

If you’re unsure about your specification or want to avoid costly mistakes, consider consulting a patent agent or attorney.

Patent protection starts with a good first filing — and that begins with the right provisional patent forms.

 

provisional patent forms