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Ms. Toad

(38,664 posts)
29. You've got some bad information there.
Mon Dec 2, 2013, 09:19 PM
Dec 2013

There is a filing fee for filing a provisional application. ($45) So it isn't free.

The provisional patent cover form might take 15 minutes to an hour, but if writing and filing the provisional application (which is what allows you to say patent pending) takes you 15 minutes to an hour you are a genius - or you've completely wasted your time in terms of protecting your invention. I doubt I've written one (other than a design application) in fewer than 10 hours - and I do it for a living.

Your provisional application needs to provide a complete description (in words and/or drawings) of every detail which is crucial to practicing your invention. If it doesn't, once you go to file the conversion (the full application) the new details you have to add will only be protected from the second filing date - not the first - meaning you may not be able to patent it at all (if someone has a filing date between your provisional date and your conversion date for the new features) or may only be entitled to a very limited patent (meaning you get a very lousy monopoly that it would be hard to enforce).

Yes - it can be done without a lawyer. It can even be done well without a lawyer. There isn't any particular magic to it. But doing it well when you have not written a patent application before is not easy or quick, and if you want a decent patent you will need to spend some time reading lots of recently drafted patents in the field of your invention to get a feel for how the parts fit together. You should also read recent Supreme Court and Federal Circuit Court decisions about claim interpretation/construction. Claims are the most important part of your application. If you know who your competitors are, it would be a good idea to review their patents - and any cases in which they either sued (or were sued) for infringement.

Recommendations

0 members have recommended this reply (displayed in chronological order):

The only way I know... pinboy3niner Dec 2013 #1
That's patently absurd. Orrex Dec 2013 #14
Pinboy's jokes are neither novel or non-obvious jberryhill Dec 2013 #24
Wow. Orrex Dec 2013 #26
It depends on your definition of "cheap" and your definition of "fast" jberryhill Dec 2013 #2
OK thanks for the link Duer 157099 Dec 2013 #5
If you already have a prospective manufacturer jberryhill Dec 2013 #6
Ok, thank you again Duer 157099 Dec 2013 #8
Yes, that's the point jberryhill Dec 2013 #10
Fantastic. Thanks so much. Duer 157099 Dec 2013 #18
You just got some great free legal advice. I second everything msanthrope Dec 2013 #11
The advice you've gotten already is accurate Ms. Toad Dec 2013 #28
Here's a bit more background Duer 157099 Dec 2013 #38
Recently is good (as long as recently is less than a year ago) Ms. Toad Dec 2013 #39
And then decide if you really want to... PoliticAverse Dec 2013 #3
The more relevant question is whether his prospective licensee does jberryhill Dec 2013 #7
Good reading for any small inventor contemplating a patent. Ms. Toad Dec 2013 #30
MAD indeed, for an example see... PoliticAverse Dec 2013 #34
That is actually MAD not working. Ms. Toad Dec 2013 #43
Inherit it Demeter Dec 2013 #4
I assume you've checked out information from the U.S. Patent Office... DreamGypsy Dec 2013 #9
Oh boy. Duer 157099 Dec 2013 #16
You've got some bad information there. Ms. Toad Dec 2013 #29
If you think the cost of having your patent done right is expensive, ... badtoworse Dec 2013 #12
If you are intent on having a patent - Ms. Toad Dec 2013 #31
Unless you are a major corporation or plan to sell it to one, a patent is a waste KurtNYC Dec 2013 #13
I hear that, but Duer 157099 Dec 2013 #17
same dynamic really. Whoever has the most lawyers wins. KurtNYC Dec 2013 #21
Then what you need to do is to publish all of the details of your idea Ms. Toad Dec 2013 #32
Publish anywhere? Website? Duer 157099 Dec 2013 #37
Let me see if I can find some of the discussions about publication. Ms. Toad Dec 2013 #40
Ugh no. lonestarnot Dec 2013 #15
Have you checked to see if NOLO Press has something on patents? Hekate Dec 2013 #19
There is only one way to do it to guarantee to save your ass and your ownership of Drew Richards Dec 2013 #20
I have one and my advice….. Bonhomme Richard Dec 2013 #22
Why do you want a monopoly? nt Dreamer Tatum Dec 2013 #23
I don't Duer 157099 Dec 2013 #27
I already have a patent on your invention. Tough luck: 1,773,980 Logical Dec 2013 #25
That patent expired years ago - so that actually solves the problem. Ms. Toad Dec 2013 #33
Damn, my lawyer is an idiot!! n-t Logical Dec 2013 #35
Well - Ms. Toad Dec 2013 #36
I guess that is me! n-t Logical Dec 2013 #41
Most businesses don't bother beyond a provisional.. pipoman Dec 2013 #42
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