You Can be Great If You Really Want To

What does it mean to get a “provisional patent”? I’m glad you asked that.
WE hear that term a lot now and, unless you KNOW what it means. It could be
confusing. A “provisional patent” is a fairly new type of patent developed by
the United States Patent & Trademark Office (USPTO) so that someone can get a placeholder in the line of patent applicants. Plus, you get to use the
words “Patent Pending” on your invention. They do not pass or judge on the patentability of the application but the holder of a provisional patent is
protected from theft when negotiating with someone to produce the invention. A provisional patent is good for one year only and you must use that time to
either assign your patent rights or apply for a regular patent. That’s pretty
much the entire concept of the “provisional” in “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.

Some services on the web will ask you to fill in forms they have designed and
then translate the information over to the patent application forms for you.
Generally, this type of service runs to the $80-$120 range for each application. Many lawyers advertise on the web to handle this application for
you and, if you have the money, that may be advisable. On the other hand,
there are kits available, some reusable many times, that instruct you on what
to do and provide the federal forms you need. You may like that best as that
is generally the least expensive option.

No one can guarantee success when you have to interact with a government
agency but by using a kit that someone else has used successfully will be a big step up and will help a lot. Use a search engine on the internet and try
to find a “provisional patent kit”. Start your research there and you will be well on your way to getting the right to use the term “Patent Pending”.

The author can recommend the following Provisional Patent Application Kit And this website gives more info on How to Write a Provisional Patent