You filed your provisional patent application (PPA) -- you are officially "Patent Pending."

Now what? A provisional does not do anything on its own unless you use the next 12 months strategically. Here is how to make that year count and set yourself up for a strong utility patent and real-world traction.

Key Takeaways
  • Your PPA buys time: You have a 12-month window to validate, build, and decide on a utility filing.
  • Progress in phases: Research, prototype, iterate, then file your non-provisional before the deadline.
  • Improvements matter: New features must be documented for your utility filing.
  • The deadline is strict: Miss 12 months and you lose the priority date.
  • Plan your budget early: Know the cost of the utility path by Month 9-10.

Your 12-Month "Patent Pending" Window

Your PPA gives you:

  • A priority date.
  • 12 months of "Patent Pending" status.
  • Time to decide whether a full utility patent is worth it.

Here is a simple timeline for that year.

  1. Months 1-3: Market Research and Validation

    Goal: Make sure your idea is worth pursuing.

    What to do:

    • Talk to potential customers and users.
    • Run surveys, interviews, or landing page tests.

    Ask:

    • Do they actually want this?
    • Which features matter most?
    • How would they use it in real life?

    Use this phase to kill bad ideas early or double down on the good ones -- before you sink serious money into development and legal fees.

  2. Months 4-6: Product Development and Prototyping

    Goal: Turn your idea into something real.

    What to do:

    • Build an MVP (minimum viable product) or physical prototype.
    • Test the core functionality and identify technical limitations.
    • Document how you actually implemented it and any changes from the original concept.

    By the end of this phase, you should have something you can show and test, not just a concept on paper.

  3. Months 7-9: Feedback, Iteration, and Improvements

    Goal: Refine the invention with real-world input.

    What to do:

    • Put your prototype in front of users through beta tests or pilot programs.
    • Track how they use it, what confuses them, and what they love or ignore.
    • Capture improvement ideas like new features, better configurations, or alternative workflows.

    These improvements matter legally. If they are not in your original PPA, make sure they are fully described in your eventual non-provisional filing.

  4. Months 10-12: The Final Push -- File Your Non-Provisional

    Goal: File your utility (non-provisional) application before the 12-month deadline.

    What to do:

    • Start preparing your non-provisional no later than Month 10.
    • Decide whether to draft it yourself or hire a patent attorney or agent.
    • Include everything in your original PPA plus all important improvements.
    • Use clear drawings, a detailed description, and multiple embodiments if applicable.

    Critical: Your non-provisional must be filed on or before the 12-month anniversary of your provisional filing date to keep that priority date. Miss it, and you lose that early date forever.

Important Considerations During the 12 Months

  1. New Features and Improvements

    Your PPA only covers what it actually discloses. If you add a major feature, change the architecture, or discover a better implementation, those changes need to be captured in your non-provisional.

    In some cases, you might file additional provisionals during the year to protect major new concepts as they emerge.

  2. The Deadline Is Hard

    The 12-month clock is absolute. There are no extensions for a basic U.S. provisional.

    Put your deadline on your calendar, your phone, and your project management tools. Treat it like a launch date you cannot slip.

  3. Budgeting and Planning

    Use this year to estimate what a non-provisional will cost:

    • USPTO fees.
    • Possible attorney fees.

    By Month 9-10, you should know whether you are all-in on a utility patent or whether this was a useful experiment that does not need further investment.

Make Your 12 Months Count

A provisional patent is not the finish line -- it is the starting gun.

Used well, your 12-month "Patent Pending" window lets you:

  • Validate that real people care about your invention.
  • Build and test a working version.
  • Improve the design based on real feedback.
  • Decide, with data, whether a full utility patent is worth it.

Used poorly, it is just a date on a piece of paper that expires with nothing to show for it.

Where AutoInvent Fits In

If you have filed (or are about to file) a provisional and want the rest of this process to be structured instead of overwhelming, AutoInvent can help. AutoInvent:

  • Turns your evolving idea into updated patent-style documents as you refine your product.
  • Helps you capture new features and improvements clearly so they are ready for your non-provisional.
  • Generates patent-style descriptions and sketches that reflect your real-world prototype.
  • Guides you step-by-step through actually filing your provisional patent yourself, and helps you prepare for your eventual utility filing.
  • Lets you go from idea to a filed provisional patent in under 10 minutes for under $100 (plus the USPTO fee), so you can start your 12-month "Patent Pending" window fast -- and spend that year focused on building, testing, and improving your invention.