Find out whether your invention is new, then secure your U.S. filing date and "patent pending" status. A registered patent attorney searches the prior art, reviews any search or draft you already have, and then drafts or revises and files a provisional patent application built around what the search found.
| What you have already | What your attorney does | Typical turnaround |
|---|---|---|
| Nothing yet | Searches the prior art, gives you a written patentability report and go/no-go recommendation, then drafts and files your provisional | 4–6 weeks |
| A search report | Reviews your professional search report, then drafts and files your provisional | 3–4 weeks |
| A draft application | Searches the prior art, then reviews, revises, and files your draft | Up to 4–6 weeks |
| A search report and a draft | Reviews your report and draft, revises as needed, and files | Up to 3–4 weeks |
If you bring your own draft, choose your best estimate of how ready it is: Ready to File, Needs Revisions, or Needs Full Rewrite. Your attorney then reviews the draft against the prior art and makes the final call on its readiness and quality.
If your draft needs less work than you selected, you’ll be refunded the difference. If it needs more, your attorney will explain why and confirm any adjustment with you before work continues. Bringing your own draft never costs more than having the attorney draft from scratch. Not sure where your draft stands? Choose Needs Full Rewrite, and your attorney will adjust after review.
When a search is included (“Nothing yet” and “A draft application”):
When you provide a search report:
When you provide a draft application:
Every option includes:
| Step | Typical timing |
|---|---|
| Patentability search and report | 7–10 business days after your invention interview and complete materials |
| Review of your search report | 2–3 business days |
| Drafting a new provisional | 10–15 business days after complete intake or your approval to proceed |
| Revising your draft | Depends on the readiness level your attorney confirms, up to the full drafting timeline |
| Filing | Within 3 business days of your final approval |
Need it sooner? Rush filing within 10 business days is available as a scope change, subject to capacity.
If you provide a search report: it must be a professional prior art search prepared by a qualified searcher or firm and dated within 90 days of intake. This reflects the attorney’s professional obligations under 37 C.F.R. §§ 1.56, 11.18(b)(2), 11.101, and 11.103. If the report is missing, incomplete, outdated, or unreliable, the attorney may pause or decline the work, and you may switch to an option that includes a search by paying the difference.
If the search recommends against filing: you can stop at that point. You pay only for the search, and the rest is refunded.
About searches: no search is exhaustive. Unpublished applications (generally the most recent 18 months of filings), confidential products, and some non-English or non-indexed literature can’t be found. A search report assesses risk. It doesn’t guarantee a patent will issue and isn’t a freedom-to-operate opinion.
About provisional applications: a provisional is never examined and never becomes a patent on its own. It reserves your filing date only for what it actually discloses, so features left out can’t claim that date later. You must file a non-provisional application within 12 months to keep your priority date.
About public disclosure: disclosing, selling, or offering your invention for sale before filing may limit or eliminate your patent rights, especially outside the United States.
Scope assumptions: one invention, a written description of up to about 30 pages, no more than 10 figures, and complete technical materials at intake.
Entity status: you certify whether you qualify as a large, small, or micro entity. We’ll explain the requirements, but an incorrect claim can affect your patent.
Payment plans: if you use a payment plan, filing takes place only after all payments have cleared.
We’ll let you know before any additional work begins if:
What is a provisional patent application?
It’s a U.S. filing that secures your priority date and lets you use “patent pending” for 12 months while you test, pitch, or refine your invention.
Do I need a patent search before filing a provisional?
It isn’t legally required, but a search shows what already exists so your application focuses on what’s truly new. That’s why every option either includes a search or requires a recent professional one.
Can you file a provisional I wrote myself?
Yes. Choose “A draft application” or “A search report and a draft.” Your attorney reviews it, confirms its readiness, revises it as needed, and files it.
Can software be patented?
Often, yes, but software inventions can face subject-matter eligibility challenges. Your search report flags these risks before drafting or revision begins.
What happens after 12 months?
You must file a non-provisional application (and any international applications) to keep your priority date. We track these deadlines and remind you at 9 and 11 months.
Not sure which option fits?
New clients can book a screening to find the right starting point.
Review the scope, prerequisites, and exclusions before purchasing. Custom or expanded work requires a separate written scope and fee. Representation begins after conflicts clear and a signed engagement letter is in place.
Attorney advertising. Prior results do not guarantee a similar outcome.
Review the product’s current fee, prerequisites, and exclusions. Any custom or expanded work needs a separate written scope and fee. Representation begins after conflicts clear and a signed engagement letter is in place.
Attorney advertising. Prior results do not guarantee a similar outcome.
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