L-Pink

Anyone here ever file for "patent pending" status ... "Provisional Application for Patent"

How was your experience?

Did you file electronically, by mail?

Thanks in advance, Lee

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Cystomatic

Innovation on GFY?

CAN'T BE TRUE!!!

seeandsee

Only in my second life, if i make something :D

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baddog

We started the process via Legal Zoom

stinkyfingers

you need an attorney or you're going to get fucked ( real not internets ) ... warning error

epitome

Yup, get a patent attorney. Even if you get one granted, it's still got to be strong enough to protect you. Now trademarks... I've filed many on my own, hard to screw that up if you understand the process. Would never touch a patent though.

bean-aid

Yes, costs about 1k for a real attorney to do it. That gives you a year to file the actual patent.

The patent then usually costs 10K plus.

Those are pa prices.

bushwacker

Yes i filed it myself by mail, the provisional application is relatively easy. Filing the actual patent is the difficult part. When I did it you had a year to file, after your provisional application is accepted.

epitome

Totally missed the pending part... Whoops

L-Pink

Are there any negatives to filing the provisional application? All I really see are the positives, quickly having an idea "dated" as well marketed while allowing more time for the detailed non provisional design to be approved. Am I missing something.

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L-Pink

Yea, from what I've researched the "pending" part allows a quick dating of your idea with the ability to market it while working on the more detailed aspects of a traditional patent.

bushwacker

None that I can think of. You are exactly right the provisional give you "first rights" to the product. Good luck.

epitome

Yeah, if you can do that on your own just don't short yourself on the actual patent filing by not retaining a patent attorney. He/she is the expert that will get you make sure you're fully protected the best you can be.

johnnyloadproductions

That's what I thought, pricey. My dad has had 10+ patents put under his name for his EE work.

L-Pink

You didn't see any negatives in a provisional application then?

AdultPornMasta

I hold several patents which are not really worth anything now but you need to have a patent attorney conduct the patent search and file your docs or you could get fucked hard.

I spent a couple K a few years back when I did it and it could cost more now. Well worth it though as you never know when something will really take off.

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SDSimon

Hi Lee
I have experience in that area.
I had great results but had an attorney.

>>>Winners WIN because they NEVER GIVE UP!<<<

Bill8

I can confirm that, altho it's more like $1200 now.

ilnjscb

It depends on the nature of the patent. In civil cases, it is 51% to win. Even a provisional patent is stronger than nothing. A full patent and you can tie opposing party up for as long as you need regardless of what they have.

Yes, file yourself electronically, and call the USTPO (use the number on your application) and they'll help you.

I'm assuming this is not at engineering, chemical, process, or other complex patent.

L-Pink

Based on my posts? lol

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Far-L

We have. I suggest you get a good patent firm to help you because if it is something you are serious about then it is worth the investment.

Fish and Richardson is a good one that has offices around the country.

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L-Pink

Thanks everyone. I'm going to file for a provisional patent on Monday. Just wanted to make sure I wasn't missing anything. Getting it "reserved" and marketed while filing for a traditional patent is the way I think I should go.

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keysync

what does it cost to file a provisional?

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L-Pink

Minimal, little over a hundred dollars.

I just wanted to make sure I wasn't compromising anything long term by going this route.

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shake

You'll probably have some kind of time limit for filing a real patent nationally and internationally, and I believe the clock starts ticking when you file the paperwork, but I think they are pretty fair.

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bean-aid

I think you are compromising something if you don't go with a patent attorney. There is always certain "legal" language that should be followed. And I think doing it yourself for a little over a hundred, you may be forgetting something. I'm not sure though. good luck either way.

L-Pink

But an advantage is the patent starts taking effect protection wise the day I file vs waiting X amount of time for normal patent approval. Unless I've misunderstood the procedure. That's why I'm asking.

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BFT3K

Design patent vs utility patent...

http://www.patent-ideas.com/Design-U...ty-Patent.aspx

A utility patent has more teeth, but costs much more.

bean-aid

I'm just saying spend the 1K (likely 1.2K as someone posted) to file the patent pending app. Use an attorney for it, don't do it yourself. There is always attorney language which you don't know, other forms you may not know about. It is pennies if you think the idea is good...

p.s. What is the idea? ;)

L-Pink

Both of those take at least a year or two until you receive any type of patent protection. What do you do until then, pray?
The provisional patent instantly offenders protection, patent pending, until a regular patent is issued. Which is why I'm inclined to file for one. One thing I really hate is cold calling law firms.

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MrMaxwell

I always thought that leaving a patent in pending status made something better, I can't remember what though. Patents are slippery as HELL - I would say use a patent attorney. There's no reason they could not quickly file whatever you can. They'll just want to do a search to be sure that it doesn't conflict with any other patents (before they go forward with causing an actual patent) because there are so fucking many of them out there.

MrMaxwell

PS: Just don't ever call those inventor line things. God damned thieves. I did when I was maybe, what, thirteen? And my idea was on the shelves a year later. Cocksuckers.