Is a “provisional patent” the same as a “patent”? Actually, no. The word
“provisional” in the term means that a patent has been granted conditionally
pending the submission of a regular patent application and the patentability
of the invention. Thus it establishes a place in time as to when the idea was
first brought to the attention of the United States Patent & Trademark Office
(USPTO) and protects the owner from challenges from someone who may file for the same idea at a later time. The duration of a provisional patent is one
year and you (or someone you designate) must file for a regular patent during that time. If you don’t you lose the benefit of getting a provisional patent. It also protects the inventor from theft of his idea when the details of the patentable idea are revealed for negotiation or publication purposes.
If you have a great idea you want to get patented, the easiest way to get in
the game is to get a provisional patent (and the protection it confers) and then negotiate with someone to produce your idea after paying you an up front fee plus a royalty of some kind. Make sure the people you have contacted are
aware that there are other bidders for your invention. The idea here is to get a bidding war started to maximize your gain.
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.
You could also hire someone to fill in the forms for you. There are some web sites that allow you to fill in the form information on-line and, when you pay the fee (usually about $80-$120), they will submit your application for you.
You could hire a lawyer to do it for you but expect to pay around $1,500+ for
such service. Or you could buy a kit that has all the forms and instructions for a nominal fee. The best kits don’t limit the number of times you can apply.
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.
Tags: Business, do-it-yourself patent application, entrepreneur, filing for a patent, get patent pending, individual inventor, inventor, mad scientist, patent attorney, patent pending, Provisional patent, provisional patent application kit, provisional patent kit, tinkerer