A provisional patent application costs $65, $130 or $325 in USPTO filing fees, depending on whether you qualify as a micro, small or large entity. Filing it gives you a U.S. filing date and 12 months of "patent pending" status. With Arcangel, you can draft and self-file a provisional for a $150 service fee plus the USPTO fee, or choose attorney review for $400 plus the USPTO fee.
Arcangel AI is not a law firm. Attorney services are provided by independent USPTO-licensed attorneys. This page is general information, not legal advice.
A provisional patent application is a lower-cost first filing with the U.S. Patent and Trademark Office (USPTO) that sets an early filing date for your invention. It does not need formal patent claims, an oath or declaration, or an information disclosure statement, and the USPTO does not examine it.
A provisional cannot become a patent by itself. To keep its filing date, you must file a nonprovisional application that claims the benefit of the provisional within 12 months. During those 12 months you can describe your invention as "patent pending."
Provisional applications are available for utility inventions (how something works or is made). They are not available for design patents, which protect only how a product looks.
The total cost of a provisional patent is the USPTO filing fee plus whatever you pay for drafting help. The USPTO fee depends on your entity size, and the drafting cost depends on whether you write it yourself, use a service like Arcangel, or hire a law firm.
| Fee | Large entity | Small entity | Micro entity |
|---|---|---|---|
| Provisional application filing fee | $325 | $130 | $65 |
| Late filing fee or cover sheet surcharge | $65 | $26 | $13 |
| Size fee, each additional 50 sheets over 100 | $450 | $180 | $90 |
Source: USPTO fee schedule (fee codes 1005/2005/3005, 1052/2052/3052 and 1085/2085/3085).
Who qualifies for each rate:
Paying a reduced fee you do not qualify for can carry a penalty of at least three times the underpaid amount, so check your status before you claim it.
| Option | Arcangel service fee | Plus USPTO fee (micro / small / large) | Total |
|---|---|---|---|
| Self-file | $150 | $65 / $130 / $325 | $215 / $280 / $475 |
| Attorney reviewed | $400 | $65 / $130 / $325 | $465 / $530 / $725 |
Arcangel bills USPTO fees separately at cost, with no markup, and shows the exact amount before you pay. Any reduced rate you qualify for is applied automatically.
Optional Arcangel add-ons, paid in Halo Credits ($10 per credit):
New accounts start with 5 credits ($50). Chatting with Halo is free.
With Arcangel, steps 1 to 7 happen in one flow. Halo runs the pre-screening, asks eight intake questions, turns sketches into patent-style figures, and drafts the provisional. You sign, pay right before you submit, and the application is filed. Arcangel's stated timeline is about two weeks from intake to filing.
Use this outline as a starting point. It is not a substitute for advice on your specific invention.
Tips:
| When | What happens |
|---|---|
| Day 0 | Provisional filed. Your U.S. filing date is set, "patent pending" starts, and the Paris Convention priority year for foreign filings begins. |
| Months 1 to 12 | Test, sell, pitch or keep refining. You cannot amend the provisional, but you can file another provisional for new improvements. |
| By month 12 | File a nonprovisional application that claims the provisional's benefit, and any international (PCT) or foreign filings you want. |
| After month 12 | The provisional is abandoned automatically. |
| Months 12 to 14 | A nonprovisional can still claim the provisional's benefit through a petition stating the delay was unintentional, with a petition fee ($2,260 large, $904 small, $452 micro). |
The 12-month period cannot be extended. If you disclose your invention publicly during the 12 months and then miss the deadline, you can lose more than the early filing date; you may lose the right to patent the invention.
| Provisional | Nonprovisional (utility) | |
|---|---|---|
| Purpose | Sets an early filing date | The full application the USPTO examines |
| Claims | Not required | Required |
| Oath or declaration | Not required | Required |
| Examined by the USPTO | No | Yes |
| Can become a patent | No, not on its own | Yes |
| Lifespan | 12 months | Until granted or abandoned |
| USPTO basic fees (large / small / micro) | $325 / $130 / $65 | $2,000 / $800 / $400 for filing, search and examination |
| Arcangel service fee (self-file / attorney reviewed) | $150 / $400 | $1,000 / $5,000 |
Notes on nonprovisional fees: the USPTO total is the basic filing fee ($350 / $140 / $70), search fee ($770 / $308 / $154) and examination fee ($880 / $352 / $176). Small entities filing electronically can pay a $70 filing fee instead of $140. Extra claims, paper filing and non-DOCX documents add fees, and the utility issue fee is $1,290 / $516 / $258 if the patent is allowed.
You can also convert a provisional into a nonprovisional by petition within 12 months. The USPTO notes this shortens the patent term, because the term is then measured from the provisional's filing date. Filing a separate nonprovisional that references the provisional can extend the patent's end date by up to 12 months.
Lock in your filing date this week.
A provisional patent costs $65, $130 or $325 in USPTO filing fees for micro, small and large entities, plus any drafting help. With Arcangel, the total is $215 to $475 to self-file, or $465 to $725 with attorney review, depending on your entity size.
You file a provisional patent application by submitting a written description, any needed drawings, a cover sheet and the filing fee to the USPTO, usually online through Patent Center. The description must explain how to make and use the invention, because that is what earns the filing date.
A provisional patent application lasts 12 months from its filing date, and that period cannot be extended. You must file a nonprovisional application within 12 months to keep the early date, with a limited petition option up to 14 months if the delay was unintentional.
Yes, you can file a provisional patent application yourself without an attorney. The USPTO recommends that inventors unfamiliar with patent law consult a registered attorney or agent, and Arcangel offers both a $150 self-file option and a $400 attorney-reviewed option. Applicants living outside the United States must be represented by a USPTO registered practitioner.
No, a provisional patent application does not need formal claims. Some inventors add draft claims to show what they plan to protect, but the nonprovisional is where claims are required and examined.
"Patent pending" means you have filed a patent application that is still pending, and a provisional lets you use the term for its 12-month life. It does not give you the right to stop others from copying the invention; enforceable rights only come with a granted patent.
A provisional patent is worth it when you want an early filing date at low cost while you test, pitch or keep building the invention. It is not worth it if you will not file the nonprovisional within 12 months, because the provisional never becomes a patent on its own.
A provisional sets your filing date and is never examined, while a nonprovisional is the full application with claims that the USPTO examines and can grant. A provisional costs $65 to $325 in USPTO fees; a nonprovisional costs $400 to $2,000 in basic USPTO fees before any extra claim or issue fees.