Is it time to file a Provisional Patent?
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Inventors are often faced with a dilemma. Think about it. Say you've invented something that the world has never seen--something so revolutionary that you just know it's going to become a huge success. As you think to yourself, "There's money to be made here!" you also realize that your invention needs a little real world testing and to do that you need to find a potential manufacturer. But what if the manufacturer steals your idea? How do you protect yourself from being ripped off?

For many inventors the answer lies in applying for and obtaining a provisional patent. If you've ever heard the term "patent pending", then you've heard of provisional patents. The flip side however, is that a provisional patent is not always necessary. What do you need to know before plunking down your dough? Well, read on and we'll tell you!

Why provisional patents are a good idea...

Reason # 1: A Provisional Patent offers a simplified and much lower cost option than filing for a regular patent right out of the gate. All you need is a cover sheet, a detailed description of the invention explaining how it is made and how it is used--including drawings if necessary, the name(s) of the inventors, and the filing fee.

Reason # 2: A Provisional Patent, which is good for a period of 12 months, protects your invention until you can file the much more complicated and expensive full patent application. Obtaining a provisional patent is a good idea if you need some extra time to "sell" your invention for the purposes of obtaining investors for example, or if you need to test the market for your invention.

Reason # 3:. If you file a regular patent application within the 12-month period, you may claim the filing date of the provisional patent as the date of your regular patent. This assumes particular importance in instances where others have applied for patents for similar inventions. It also extends the life of your regular patent from 20 to 21 years since a regular utility patent is good for 20 years from the date of its filing.

But please also remember that...

1. Don't file a provisional patent because you think it automatically become a regular patent--because it doesn't. Likewise, while it is possible to convert a provisional application to a regular patent, it does take a significant amount of work, including extra paperwork and more money in the form of surcharges.

2. In many cases, filing a hastily put together application for a provisional patent is not recommended. The wording may be quite vague in these applications and possibly the invention is not well thought out. Filing an application with insufficient details and then working them out over the 12 month period in which you are covered by the provisional patent might lead to problems down the road as well.

Simply put, if someone else files a provisional patent for a similar invention and subsequently files for a regular patent first and their application is much more detailed and concise, then it's quite possible that he or she would obtain the patent rather than you.

3. A provisional patent is never necessary for a design patent. That is, when your invention is about appearance rather than function, simply file for a design patent.

For many, a provisional patent is the best way to protect an invention, and be able to share it with others while being protected from having it stolen. So, are you ready to get started?

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