December 9, 2009

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Getting Started in Patents

Please define the term “provisional patent”. The “provisional” part of the
term means that the United States Patent & Trademark Office (USPTO) recognizes that you have an idea that MAY be patentable and will give you a place in line until you can file a regular patent application. They do not judge the patentability of your idea but you get the right to use the term “Patent
Pending” if you start producing your item. The provisional patent protects
your rights to your idea when negotiating with companies or individuals who may be interested in producing your invention. The term of a provisional patent is one year during which time you (or your assignee) must file for a regular patent or you lose the advantage you get from obtaining a provisional patent.

Getting protection is of paramount importance when you want to market your idea to someone who can get the regular patent and produce your idea. When you have a provisional patent, you are telling the prospects that you had enough sense to get protection and are serious about making your idea pay. If you can get more than one producer interested, so much the better. That way you get the most for your idea.

Getting a provisional patent is doable for the do-it-yourselfer. Go to the
USPTO website at www.uspto.gov and seek the forms and instructions you need. They are there but it takes a lot of time to figure things out. If you have
the time, this is the least expensive way to go. If you don’t have the time, there are some other approaches you can take.

There are services on the web that will fill in and file the forms for you. You have to input the information on their web site and that information is entered by them into the correct forms and after you pay the fee (maybe $80 to $120) the forms are submitted for you. Alternatively, lawyers will do the work but are generally very expensive. Finally, there are downloadable kits available and some even are reuseable many times for a relatively small fee.

There are no guarantees but the best bet is to use a kit that someone else has used successfully. Google “provisional patent kit” and look at the choices. Review what you get and the price. You’ll find a good deal and you will be well on your way to getting your provisional patent.

Visit this link for an easy-to-use Provisional Patent Application Kit This website tells more on how you can Write a Provisional Patent application, yourself.




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