How do I go about getting a provisional patent?

C

Carter80

Joined
May 16, 2008
Messages
17
So I have an idea and design and I want to get a provisional patent for it. I already went to uspto.gov. The only thing is, I'm a real idiot when it comes to reading that much text and information. And I still don't have the first clue on how to go about it. Any help regarding this matter would be appreciated. Thanks.
 
According to all info i've seen you cannot pattent an idea. You must have a working prototype. If you do a search you will find many threads on this subject.
 
You can patent a process or mechanism, so I guess if he has a blueprint he'll be OK. Don't know anything more about it though.
 
You go through a patent lawyer which is $ 10,000 to start !! They do a patent search for a start. With knock offs from China and other problems it better be a good idea !!
 
Having done considerable research into patents concerning knives, all the following are true....

-Its a LONG process (usually 2-3 years)

-Its an EXPENSIVE process ($10,000 to start is about right, then add another 5,000-10,000 by the time its done)

-The most important part from my standpoint....there is a little known clause that says if someone changes ANY dimension on the patented item by as little as 1/64", then its NOT patent infringement.

-And finally, there is no organization that enforces patent infringement...its up to the patent holder. Which means that the patent holder is the one who must go after the offending party, with no help from anyone.

All in all, unless your a large company, with lots of lawyers on retainer who need something to do, then its just not worth it.
 
There is a book called " Patent it Yourself" which is very good. There is paperwork you can file to the patent office show "prior art" and they give you one year to file your patent.

Jump on this link they have the book for $1.99 I have bought alot of books from them and no trouble.

http://www.alibris.com/booksearch?title=patent

Usually takes less than 1 wk to get book
 
I was going to mention the same book as PatrickKnives. I have the book and have filed my own patents. I also have a bunch of patents from places I've worked for too. Their rule of thumb was no matter how good an idea it was, if it wasn't worth $100,000 fighting for it in court, they wouldn't get the patent. Unless it's a radically different idea, the likes of which have never been seen before, it probably won't be worth the huge cost of a patent. It works much more simply to approach companies with nondisclosure agreements and with manufacturing agreements than all the legal stuff needed to do patents properly. It's also easy to design around most patents.

My first patent was for a Rubik's type puzzle. I was so paranoid about protecting my rights and wary of the toy companies that make you sign away your rights that the fad passed before I could make contact with any of the key players. With hindsight, I should have gone to anyone who would listen and propose that they manufacture this thing that costs X amount to produce, and would generate Y profit for them, and if and when it works, to give me my 5%. Instead I went on and on about the mathematic characteristics of the puzzle and all about the way it worked. All a manufacturer wants to know is not if it's patented or necessarily how it works, but how much money can it make me? You need to present it to them in their terms.
 
legalzoom.com for the provisional.

If it's worth patenting, you have a year to file the full patent.

Find a company to license it to, and have them pay the $$$

Worked for me.
 
I have copyrighted a number of forged copper and steel small unique products as art, cheaper than patents, lasts as long as you live plus 50 years for your heirs if I remember right.

Something to think about.
 
Something that people new to patents need to understand is that a provisional patent gives you no rights whatsoever. It just gives you an official time marker with the Patent Office that allows you to say Patent Pending, and have one year to get the real patent applied for, which might then take 2 to 3 years to go through. People could still copy your stuff and you can't do anything about it until a patent issues, if it issues. It's a tough call, because patent applications are public domain. You need to spell out in very precise terms exactly how to do your process or exactly how the part works. Nothing is secret or hidden. If the patent fails to go through, all your competitors can read all the research you did and copy it exactly. Chances are good that someone thought of something similar in the last hundred years and we are only rethinking it in a different application. Patents are very tough to do right and make money from.
 
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