What Is a Provisional Patent Application?

How a provisional works

A provisional is filed with a description of the invention and, usually, drawings. It is not examined and never becomes a patent on its own. Within 12 months you must file the complete application—a U.S. nonprovisional or a PCT application—that claims the provisional's benefit. The provisional's date then counts for everything the provisional actually disclosed.

Where it exists

The United States has used provisional applications since 1995. Mexico introduced them with the reform to its Federal Law for the Protection of Industrial Property, in force since April 6, 2026: the Mexican provisional is not published or examined, the 12-month period cannot be extended, and the provisional cannot itself claim priority from an earlier application. Argentina and Brazil do not offer an equivalent filing.

Advantages

• An early filing date while you keep developing the invention
• The right to use "patent pending" in the United States
• Twelve months to test the market, raise funds, or refine claims
• Lower official fees than a complete application

The main risk: a thin disclosure

The later application can only rely on the provisional date for what the provisional describes. If the provisional is a short summary or a slide deck, your final claims may lack support and lose that date. Treat the provisional as a complete technical disclosure: every essential component, alternatives, examples, and figures.