Provisional Patent Drafting

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Provisional Patent Drafting

A provisional patent application is an early filing that establishes a priority date for an invention before the full application is prepared. It records what has been invented at that point and gives you time to develop, test, or commercialise the idea.

Scintillation Research & Analytics drafts provisional applications for clients who need a solid first filing. Our team of technology enthusiasts and engineers has more than 14 years of experience, and we know how much a well-written provisional matters later on.

The work is modular and you stay involved throughout. We shape each draft around your invention and your requirements instead of reusing a fixed template, so complex subject matter gets the strategy it needs.

From disclosure to filing

  1. Talk through the invention

    We learn what you have built, what problem it solves, and how soon you need to file.

  2. Collect what you already have

    Notes, drawings, prototypes, papers or a rough write-up. The more detail, the stronger the draft.

  3. Draft the application

    Our engineers write the description, with embodiments and variations, so the priority date can carry the later filing.

  4. Review together

    You check the draft against your invention and we adjust it before anything is filed.

  5. File and plan the next step

    Once the application is ready, we discuss the route from provisional to a complete application.

Why teams bring their provisionals to us

We know the whole patent process

From novelty searches to drafting and prosecution, our team works across the full lifecycle. Your provisional is written with your long-term IP goals in mind, not in isolation.

Drafting is what we focus on

We prepare provisional applications with care, making sure every element needed to secure the priority date is in the document.

A strong first filing

We help you move your IP agenda forward from the start, so the first filing gives you a firm base to build on.

What the 12 months look like

Once the provisional is on file, the clock starts. Here is how the window generally runs for a US filing.

Day 0Provisional filed. Priority date fixed.
Months 1 to 11"Patent pending" can be used. Develop the product, test the market, speak to investors and partners, and run novelty searches.
Month 12File the complete application, or foreign filings claiming priority.

The provisional expires after 12 months and is not examined or granted on its own.

Provisional or non-provisional?

The two filings do different jobs. Knowing which one you need saves effort and money.

 ProvisionalNon-provisional
PurposeFixes an early filing date for the inventionSeeks a granted patent
ExaminationNot examined for patentabilityExamined by the patent office
Lifespan12 months, then it expiresContinues through prosecution, and can lead to grant
Effort and costFewer formal requirements, lower costFull formal requirements, including claims

Don't leave a good idea unprotected. A well-drafted provisional is the cornerstone of a strong IP portfolio.

What you receive

  • A drafted provisional application with the elements needed to secure your priority date
  • A modular drafting process shaped around your invention and requirements
  • Drafting aligned with your long-term IP goals, backed by knowledge of the full patent process
  • A discussion of the filing and the route from provisional to a later application

Frequently asked questions

What is provisional patent drafting?

It is the preparation of a first patent filing that secures a priority date. The application describes the invention as it stands and reserves your place before a complete application is filed later. We focus on making sure the necessary elements are included, with the drafting shaped around your requirements.

Why file a provisional application at all?

Patent rights turn on who filed first and on what was disclosed at the time. A provisional fixes an early date while work continues, and it lets you talk to investors, partners, and customers with a filing already in place. A strong provisional written with the later application in mind keeps the priority claim useful.

What are the advantages and limits of a provisional?
  • Secures an early priority date for your invention
  • Lets you use "Patent Pending"
  • Needs less detail and fewer formalities than a non-provisional
  • Gives 12 months to develop the invention, assess the market and seek funding
  • Can serve as the basis for foreign filings within the 12 months
  • Expires after 12 months and is not examined, so it never becomes a patent by itself
Who commissions provisional patent drafting?

Startups file early to protect an idea before raising money or showing it to partners. Universities and research institutes file on results coming out of the lab. Law firms bring in technical drafting support for subject matter outside their usual field.

What information do we need to provide?
  • A detailed explanation of how the invention works
  • The problem it solves
  • Its advantages over existing solutions
  • Specific embodiments or variations
  • Supporting drawings or diagrams, if you have them

The more detail you give us, the stronger the application.

How long does it take?

It depends on the complexity of the invention and how quickly we get your input. We keep the process streamlined so you can secure your filing date promptly.

What happens after the provisional is filed?

You receive a filing receipt confirming your application number and date, and you have 12 months to file a non-provisional application. We can also help with the next steps, including non-provisional drafting, novelty searches, and claim charts.

Secure your priority date

Tell us about the invention and when you need to file, and we'll scope the drafting work.

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