Framework

Provisional-as-Priority Stake

The provisional patent application is the most underused tool in the founder's legal stack. Under the America Invents Act, the US runs first-to-file: whoever reaches the patent office first wins priority, regardless of who invented first. A provisional costs $65 for a micro-entity, requires no formal claims, and grants 12 months of patent-pending status. The gap between 700K non-provisional applications and only 170K provisionals per year is a market failure — not a founder behavior problem. The gatekeeper was always attorney economics, not founder willingness.

How it works

  1. 1First-to-file law (America Invents Act 2011): priority date beats invention date — whoever files first wins
  2. 2Provisional filing fee: $65 for micro-entities (individual inventors under USPTO definition)
  3. 3No formal claims or patent figures required — plain description of the invention is sufficient
  4. 412 months of patent-pending status: disclose freely, fundraise, build, then convert to non-provisional
  5. 5Only 170K provisionals filed per year vs. 700K non-provisionals — the expected ratio should be inverted
  6. 6The bottleneck was attorney economics: no incentive to bill time on $65 applications; AI platforms remove this gatekeeper entirely

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