What is the point of a provisional application/patent?

by **scirwode** » Sat Jul 14, 2012 4:18 pm

Hello, I am an inspiring inventor who wishes to file a provisional application because I currently do not have 10k to for a patent lawyer to file a utility patent. I heard a provisional patent is a cheap way to get a head start protection on the patent so one can show it to manufacturers and then if it is successful, a utility patent can be filed.

I just heard, however, that a provisional patent offers no protection if I were to present my idea to manufactures to produce. If this is true, what is the point of a provisional patent and how can I avoid paying 10k and still show my invention to see if I have any manufactures wanting to produce it?

Thank you

by **vemados** » Sat Jul 14, 2012 4:33 pm

Rain:

Someone told you wrong about the Provisional Application for Patent, PPA.

It affords you the Patent Pending you hear about on Shark Tank....

Take a look at this website..
http://provisionalpatentvideo.com/patent-instructions/Provisional_Patent/Patent.html
The PPA costs $125 and affords you protection provided you follow on with a Non-Provisional... Or.. file another PPA before one year as long as you keep your inventive idea out of the public domain..

Do that with the NDA in the above website...

AND.. Have EVERYONE you show this to, manufacturers, lawers, and all so you keep it out of the public domain..

PM me for other questions!

Good luck!

Thanks,

Dave

by **montrel68** » Sat Jul 14, 2012 4:40 pm

I am afraid you got bad advice. A provisional patent will hold your place in line at the patent office and can eventually turn into a full issued patent in most countries around the world. That is very powerful for only a $125 patent filing fee.

You can't enforce a provisional patent but it does offer protection by establishing your patent and invention date. If the company stole your idea and knew about your provisional patent application you could sue them for money lost during that time period. I wrote a post on blog about this topic: http://patentfile.org/you-have-a-patent-so-what/

You can also license and sell a provisional patent application the same way you can license and sell a full issued patent.

by **vemados** » Sat Jul 14, 2012 4:42 pm

I am afraid you got bad advice. A provisional patent will hold your place in line at the patent office and can eventually turn into a full issued patent in most countries around the world. That is very powerful for only a $125 patent filing fee.

You can't enforce a provisional patent but it does offer protection by establishing your patent and invention date. If the company stole your idea and knew about your provisional patent application you could sue them for money lost during that time period. I wrote a post on blog about this topic: http://patentfile.org/you-have-a-patent-so-what/

You can also license and sell a provisional patent application the same way you can license and sell a full issued patent.

It gives notice that a final one is on the way.

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