Provisional vs. Complete Patent Applications: Which One Should You File?

When an inventor or startup comes up with a breakthrough idea, the next step is often the same: How do I protect it?
The answer usually lies in filing a patent application. But here’s where things get tricky—should you start with a provisional patent application or go straight for a complete (non-provisional) patent application?

Let’s break it down in plain English.

What is a Provisional Patent Application?

A provisional application is like a place-holder filing. It secures your priority date—the official “starting point” for your invention in the patent system—but it does not get examined by the patent office.

Key features:

• Lower cost: Filing fees and preparation are significantly cheaper.

• 12-month protection window: You get one year to decide whether to file a complete application.

• "Patent Pending" status: You can start marketing, pitching, or talking to investors while protecting your idea.

• Flexibility: You can refine your invention or add improvements before filing the complete application.

⚠️ But be careful: A poorly drafted provisional can come back to haunt you. If it doesn’t fully describe your invention, you may lose rights later when converting to a complete application.

What is a Complete (Non-Provisional) Patent Application?

A complete application (sometimes called a non-provisional application) is the real deal. It undergoes substantive examination by the patent office to determine if your invention is new, inventive, and industrially applicable.

Key features:

• Full disclosure: Must include claims, detailed description, and drawings.

• Official examination: Patent office reviews it against prior art.

• Long-term rights: If granted, you secure a patent (usually up to 20 years).

• Higher costs upfront: Preparation and filing are more expensive compared to a provisional.

Provisional vs. Complete: Which One Should You File?

The answer depends on your stage of development, budget, and strategy.

• Choose Provisional If:

  • You have a concept but need time to refine it.

  • You’re seeking funding or pitching investors.

  • You want to test market viability before committing.

• Choose Complete If:

  • Your invention is fully developed and ready for patent examination.

  • You want to secure rights quickly without the extra step.

  • You already have resources and a clear commercialization plan.

Strategic Tip for Inventors & Startups

Many businesses start with a provisional to lock in their priority date, then use the 12 months to improve the invention, raise capital, or explore licensing opportunities. At the end of that window, they file a complete application based on the provisional.

This staged approach can be a smart way to balance cost, timing, and protection.

Final Thoughts

Filing the right type of patent application can make or break your IP strategy. A provisional can give you breathing space, but a complete application is what ultimately delivers enforceable rights.

If you’re unsure, speak with a qualified patent attorney who can assess your invention, goals, and budget to recommend the best path forward.