Read this first
PatentAssist writes drafts. It does not file them, and it is not a lawyer. A patent application is a legal document whose scope is fixed the day it is filed, and mistakes in it usually cannot be fixed later. Use PatentAssist to get the whole invention written down in the right structure, then have a registered patent attorney or agent review the draft before anything is filed. A practitioner who receives a complete draft spends less time, and you pay for less of it, than one who starts from a call and a pitch deck.
Find a US practitioner in the USPTO practitioner search or a European one in the EPO's list of professional representatives. The USPTO Patent Pro Bono Program matches financially under-resourced inventors and small businesses with volunteer practitioners.
US provisional or European first filing?
Most US startups start with a provisional at the USPTO: it is cheap, needs no claims and buys 12 months. European startups often file a full first application at the EPO or their national office and use the 12-month priority year to decide on other countries. The two routes compare like this.
| US provisional | European application (EPO) | |
|---|---|---|
| What you get | A US filing date that later applications can claim for 12 months. The provisional itself is never examined and lapses after 12 months (35 U.S.C. 111(b)(5)). | A full European application that is searched and examined, and that also gives a 12-month priority date for filings elsewhere (Art. 87 EPC). |
| Claims at filing | Not required (35 U.S.C. 111(b)(2)), though drafting some is good practice. | Not needed for a filing date (Rule 40(1) EPC), but the EPO will invite you to file them within two months if missing (Rules 57(c) and 58 EPC). |
| Language | English is the norm. | English, French or German, or any language with a translation into one of them (Art. 14(1)-(2) EPC). |
| Official filing fee | $325 large, $130 small, $65 micro entity (37 CFR 1.16(d)). | Filing and search fees, changed on 1 April 2026. See the European application guide for the current amounts. |
| Representation | Inventors may file themselves, but a registered patent attorney or agent should review it. | Anyone may file. An applicant with no residence or place of business in an EPC state must then act through a professional representative (Art. 133(2) and 134 EPC). |
| Your own earlier disclosure | Disclosures by the inventor up to 1 year before filing are excepted (35 U.S.C. 102(b)(1)). | No general grace period. Only evident abuse or a recognized international exhibition, within 6 months (Art. 55 EPC). |
The full rules, fees and deadlines are in our guides to the US provisional patent application and the European patent application. For entity status and the other USPTO fees, see USPTO patent fees.
Two traps that catch startups
Pitching before filing
Under Article 54(2) EPC, anything made public before the filing date counts against you, including your own demo day talk or blog post. The US excepts the inventor's own disclosures made up to a year before filing (35 U.S.C. 102(b)(1)), but that does not rescue European rights. If Europe matters, file before you talk, or keep conversations under a confidentiality agreement.
Filing abroad first from the US
If the invention was made in the United States, you need a foreign filing license from the USPTO before filing outside the US within six months of a US filing, or at all if you have not filed in the US (35 U.S.C. 184, 37 CFR 5.11(a)). Filing abroad without one can bar a US patent (35 U.S.C. 185). A US filing receipt usually includes the license, which is one reason most US founders file the provisional first. Ask your practitioner before a first filing at the EPO.
What PatentAssist does, and what it does not
It does
- Turns your notes, a research paper or a design report into a structured invention disclosure
- Drafts a provisional specification (6 credits) or claims and a complete specification in USPTO or EPO format
- Describes your figures and, in beta, generates patent drawings
- Searches USPTO, EPO and IP India records free, with an in-app patentability report in beta
- Exports an editable .docx for you and your practitioner
It does not
- File anything with the USPTO or the EPO
- Give legal advice or decide whether your invention is patentable
- Respond to USPTO or EPO office actions
- Replace a registered patent attorney or agent
A provisional is only as good as its description: the later application gets the early date only for what the provisional actually supports. That is where a draft tool helps most. It pushes you to describe every embodiment, alternative and figure, and drafting claims alongside shows which features the description needs to cover. See how drafting works, patent drawings and how to write patent claims.
Cost
Lite is $29 a month for 300 AI credits, the same features as every other plan. A provisional draft costs 6 credits, claims 6 and a complete specification 6. Start with the 7-day free trial and its 300 credits. Prices are in USD; see pricing. Your invention content is never used to train AI, and the data handling is set out on the security page.
Questions from startups and inventors
Can I file a patent application myself with an AI draft?
In the US, inventors may file their own applications, including provisionals, and many do. The risk is that a provisional only protects what it actually describes, and that weaknesses show up a year later when it is too late to fix them. Use the AI draft to get the invention down in full and then have a registered patent attorney or agent review it before filing. The USPTO Patent Pro Bono Program matches eligible inventors and small businesses with volunteer practitioners.
Is a US provisional enough to protect a startup's invention?
It gives a filing date for 12 months and nothing more. Within those 12 months you need a nonprovisional application, a PCT application or foreign filings that claim its date, or the date is lost. The provisional is never examined and lapses after 12 months.
We are a US startup. Can we file at the EPO first?
Only with a foreign filing license if the invention was made in the United States. Without a prior US application, 35 U.S.C. 184 and 37 CFR 5.11(a) require a license from the USPTO before filing abroad, and 35 U.S.C. 185 can bar a US patent if you file abroad without one. Most US startups file at the USPTO first; the filing receipt usually includes a license.
Do I need a European patent attorney to file at the EPO?
Anyone can file a European application. If the applicant has no residence or principal place of business in an EPC contracting state, every step after filing must go through a professional representative on the EPO's list (Articles 133(2) and 134 EPC). European applicants are not obliged to use one, but most do.
What does PatentAssist cost for a startup?
The Lite plan is $29 a month with 300 AI credits, which the app estimates at about 3 complete patent applications a month. A provisional draft costs 6 credits. Every plan starts with a 7-day free trial with 300 credits, and patent search is free without an account.
Can I talk about my invention before filing?
In Europe, any public disclosure before the filing date is prior art against you (Article 54(2) EPC). The US one-year grace period for your own disclosures does not help with European rights. File first, then pitch, publish or demo, or use a confidentiality agreement.
Sources: 35 U.S.C. 102, 111, 184 and 185; 37 CFR 1.16 and 5.11; USPTO fee schedule (effective January 19, 2025); EPC Articles 14, 54, 55, 87, 133 and 134 and Rules 40, 57 and 58. Checked October 26, 2026. This page is general information, not legal advice. Other audiences: patent law firms and in-house IP teams.