Subscribe to our Newsletter
Provisional Patent Applications

Strategic Provisional Patent Filings for Startups

Provisional Patents Are More Than Placeholders

Most founders think of a provisional patent as a quick way to secure “patent pending” status. But a provisional is far more important than that—it becomes the foundation for every patent that follows.

If drafted poorly, it limits future claim scope.
If drafted strategically, it becomes a powerful asset in fundraising and long‑term defensibility.

At NovoTech Patent Firm, we treat provisionals as strategic filings, not administrative paperwork.


Why Provisional Strategy Matters

A provisional patent is often the first document investors or acquirers will scrutinize when evaluating a company’s IP. Poorly written provisionals create risk. Strong ones create leverage.

A strategically drafted provisional can:

✔ establish a strong early filing date
✔ support broad and defensible future claims
✔ protect multiple variations and roadmap directions
✔ strengthen investor confidence during early fundraising
✔ reduce the risk of costly fixes later

A weak provisional is easy to spot during diligence.
A strong one strengthens a company’s story.


Common Provisional Mistakes (and Why They Matter)

Startups often:

✔ file too narrowly
✔ describe only the current prototype
✔ omit technical variations that will become vital later
✔ rush to file without a broader IP strategy

These mistakes limit future claim scope and allow competitors to design around your patent.

Once the provisional is filed, those missing details cannot be added later.


Our Approach to Provisional Patent Filings

We design provisional applications as strategic foundations, not placeholders.

We focus on:

✔ protecting the company’s core technical leverage
✔ capturing future embodiments and design alternatives
✔ supporting continuation paths and long‑term claim expansion
✔ aligning the filing with the company’s fundraising and product timelines
✔ drafting with investor and acquirer diligence in mind

Most firms draft a provisional to meet a deadline.
We draft provisionals to increase valuation, reduce competitive risk, and support long-term defensibility.

Not all provisionals are created equal.


When a Provisional Makes Sense

A provisional filing is ideal when:

✔ the technology is early but the direction is clear
✔ the company has upcoming fundraising milestones
✔ you need “patent pending” status to support credibility
✔ the product or system will evolve over the next 12 months
✔ you want to secure a filing date without locking in final claim language

Founders often ask whether they should file a provisional.
The answer depends on timing, roadmap, and strategic leverage — not speed.


Our Provisional Filing Process

1. Strategy Review

We start by understanding the invention, the roadmap, competitive risks, and the company’s upcoming milestones.

2. Drafting for Future Claims

We draft provisionals with broad support, technical depth, and forward‑looking variations that future non‑provisional claims may rely on.

3. Filing with the USPTO

We handle all filing requirements and ensure the provisional provides a strong foundation for future rights.

4. Ongoing IP Planning

After filing, we help you prepare for the non‑provisional, roadmap pivots, and investor‑ready portfolio development.


Why Founders Choose NovoTech for Provisional Filings

✔ Strategic, investor‑grade drafting
✔ Deep experience in advanced technologies (AI, ML, quantum, robotics, software‑driven hardware)
✔ A patent strategy process designed around fundraising, growth, and competitive pressure
✔ Clear explanations and guidance for founders and technical teams
✔ Provisional filings that evolve into strong, defensible patent portfolios

We don’t measure success by the number of filings.
We measure it by defensibility, leverage, and outcomes.


Protect Your Innovation the Right Way

A provisional patent is not just a first step — it is your IP foundation.

Before filing anything, make sure the strategy is sound.

Schedule an IP Strategy Session

About the Author

Babak Akhlaghi is a registered patent attorney and the Managing Director of NovoTech Patent Firm, where he helps technology companies build investor‑grade patent portfolios that support fundraising, defensibility, and long‑term competitive advantage. His practice centers on patent strategy, portfolio architecture, and high‑leverage drafting for companies developing AI, machine learning, quantum computing, advanced software‑driven systems, robotics, and other emerging technologies.

Babak is also a permanent Adjunct Professor at the University of Maryland, where he teaches Legal Aspects of Entrepreneurship, bringing real‑world IP strategy experience directly into the academic environment.

He is a co‑author of the Patent Applications Handbook, published annually by West Publications (Clark Boardman Division) since 1992, and widely used by practitioners as a technical and procedural reference.

×