Patent pending is not a grant. It is a filing date — proof that on a specific day you described your invention to the patent office. For most inventors, that date is what unlocks conversations with manufacturers, buyers and licensees.
A provisional application is the fastest route there, and a focused week is usually enough to prepare one properly.
Day 1 — Search what already exists
- Search patent databases for your function, not your product name.
- Search retail and marketplace listings for products that solve the same problem.
- Save every close result with a note on how yours differs.
- If something identical exists and is in force, change direction now.
- Write one paragraph stating the specific difference you are claiming.
Days 2-3 — Draw it properly
Drawings carry more weight than prose in a provisional. Produce a labelled overall view, an exploded view, a view of the key mechanism and at least one view showing it in use.
Number every part consistently across all figures. Hand drawings are acceptable if they are clear and labelled.
Days 4-5 — Write the description
- Describe the field and the problem the invention addresses.
- Describe every part, referring to the numbers on your drawings.
- Describe how the parts work together, step by step, in operation.
- Include alternatives: other materials, sizes and configurations that could work.
- Be broad and thorough — you cannot add new matter after filing.
Day 6 — Check, then file
- Confirm every part number in the text appears in a drawing.
- Confirm someone in your field could build it from the document alone.
- Prepare the cover sheet and entity declaration before you upload.
- File electronically with the patent office and pay the filing fee.
- Save the filing receipt and application number — that is your date.
Day 7 — Use the status
From the filing date you can legitimately mark materials patent pending, approach manufacturers, show buyers and begin licensing conversations.
The clock now runs: you have twelve months to file a non-provisional application claiming that date. Use those months to test demand and gather evidence that justifies the larger spend.
Frequently asked questions
How fast can you get patent pending?
Patent pending begins the moment a provisional application is filed and accepted, so it can be the same day you file. The preparation work is what takes a week.
How much does patent pending cost?
Official provisional filing fees for small and micro entities are modest — typically under a few hundred dollars. Cost rises sharply only if you use an attorney or file a full application.
How long does patent pending last?
Twelve months. To keep the benefit of the date you must file a non-provisional application before that period ends, otherwise the provisional lapses.
Can I sell the product while patent pending?
Yes. You can sell, license, manufacture and market during the twelve months, and marking the product patent pending is permitted once the application is filed.
Does patent pending stop copycats?
It does not grant enforceable rights on its own, but it establishes your date and signals that enforceable rights may follow, which deters many copyists.
Get Patent Pending in 7 Days
The step-by-step guide with the drawing checklist, description template and filing walkthrough used to prepare a provisional application in a single week.