Patents

A provisional patent application is a filing with the United States Patent and Trademark Office (USPTO) that establishes a priority date for an invention. It is not examined and does not become a patent on its own. The applicant has 12 months from the filing date to file a non-provisional (regular) patent application claiming that priority date. If no non-provisional is filed within 12 months, the provisional expires and the priority date is lost.

The filing date of a provisional application becomes the effective date of invention. If two parties independently file for the same invention, the earlier priority date prevails. Establishing an early priority date can be critical for protecting novel ASO sequences targeting rare mutations, where independent discovery by another group is possible.

Provisional applications are not published by the USPTO. They remain sealed unless a non-provisional application is filed and later published (typically 18 months after the priority date). There is no public registry of pending provisionals — you cannot determine whether a similar filing already exists, and no one can see yours.

The USPTO filing fee for a provisional patent application depends on your entity status (2026 schedule). There is no examination fee or search fee. Attorney drafting fees, if you choose to use an attorney, are separate and vary.

• Micro entity — $65. Most individual inventors qualify. You must not have been named as inventor on more than 4 previously filed US patent applications and your gross income must not exceed 3× the US median household income (approximately $230,000 in 2026).
• Small entity — $130. Independent inventors who do not meet micro entity criteria, companies with fewer than 500 employees, and nonprofits or universities.
• Large entity — $260. Everyone else.

If you are an individual filing your first few patent applications, you most likely qualify as a micro entity.

After receiving your ASO design report, click Prepare Provisional Patent to download a draft application covering your designed sequences. The draft includes a title, background, detailed description, claims, and a formal sequence listing. You can file it directly with the USPTO via their Patent Center portal, or have a patent attorney review it first.

This page is informational and does not constitute legal advice. Pequliar is not a law firm and does not provide legal services. The draft provisional patent application generated by Pequliar is a starting point — it has not been reviewed by a patent attorney. Consult a registered patent attorney or agent for guidance on your specific situation.