I need to do a PROVISIONAL PATENT, but i don't know where to start....any adivce?

I need to do a PROVISIONAL PATENT, but i don't know where to start....any adivce?

I want to make sure this is done right but i can't afford a lawyer right now. Is there a certain book , website or anything to help with drawing / submitting a provisional patent?

Thanks in advance!

-C

 

Hi,

As I am not a Registered Patent Attorney I cannot provide you legal advice on Patents which is a complicated area of law.

However I may be able to assist you to the extent that I am able.

PM me if you like.

Just remember that in speaking with anyone but a Registered Patent Attorney you don't have any protection against disclosure. I certainly wouldn't disclose any information about your invention.

However I would advise that you seek an NDA or Confidentiality Agreement when seeking any information or dealing with third parties (whether JV partners or VCs). It doesn't offer any guarantees of protection, but at least it is something.

 

I am assuming you are in the US.

Apart from the General Information on the USPTO website about the filing process, you might want to have a look at http://www.uspto.gov/inventors/index.jsp.

It is good to get hooked into industry groups like this who try to assist persons through the process and share experiences.

It would be good if you could find someone in the relevant industry who has knowledge of the technical area your invention relates to.

Patent legal fees are so high.

There are so many resources.

I don't want to list them all here as you may already be aware of them.

If not, PM me.

 

I appreciate the advice on speaking to a Reg. Patent attory and signing and NDA/Confidentiality agreement. I will point out that pretty much ALL VC firms will not sign a NDA/ Confidentiality agreement. That's why im looking into Filing a Patent.

Right now i can't really afford all the legal fees. Do you know of a good books for Patents?

Best,
-C

 

You could hire a Registered Patent Agent rather than a Patent Attorney - that might be less expensive.

https://oedci.uspto.gov/OEDCI/query.jsp

I'm not a Patent Agent or attorney myself, but I have worked with them and have read a lot of patents. I would not recommend writing a patent yourself unless you are really sure of what you are doing and understand current patent law. A patent is a very specialized document and a poorly written patent can be essentially worthless.

The first thing you would want is an expert on patents in your field to evaluate your invention and search the prior art to determine if your idea is even patentable. It's not worth spending a lot of time and money if it is not.

 

Sorry, I didn't state it very clearly.
Patent legal fees are exorbitant and wasn't suggesting you use them.
I could recommend a book, but would prefer not to, as I think it is better to start off with the general resources which are free (plenty on the internet which give practical authoritative advice)
You may have probably already done that.
I know there is a reluctance especially amongst Angel Investors and other third parties to speak with you about your patent.
However if there are potential cross-licensing opportunities they might think twice about doing that once your patent is granted. There are various NDAs which protect both parties from disclosure where open discussions occur about cross-licensing.
Is there a specific aspect of the process that you are having difficulty with or is it just a general overview that you are seeking and some general recommendations?

 

Thanks i really appreciate that great advice ill check out that site you gave me! +

-C

 

I'm clueless on the writing and the complete process...just wanted to know if there are any decent books or sites you may know of on the subjest matter. Im thinkin of choosing http://ipwatchdog.com/ 's Provisional patent package for $99.

-C

 

@Nonny and WoodCS82

Agree that patent agents can be used and the drafting process is critical in terms of determining the ambit of your claims and the scope of your monopoly.

However I have seen professionals from various disciplines (science/engineering) and non-professionals from various backgrounds draft patents very well.

The thing is there are quite hefty fees involved depending on where you are filing, (depending on the countries you want to file in) eg under the PCT. These fees alone mount up.

Of course you have to know how to search for the relevant prior art, which is very broadly interpreted now. However once again, it is not something that cannot be learnt.

It is really up to you. Nonny is right in saying that it could be an expensive undertaking to file and find out that you have infringed on another patent or you havn't defined the scope of your monopoly properly, but I guess it is a question of how comfortable you are in trying to approach the task by yourself with gratis type assistance from people, or pay legal fees to registered patent attornies and other agents.

 

I am Australian and don't know much about the Oz patent landscape let alone the US or Gene Quinn.

However I respect his credentials, blog and philosophy. He developed his website and the product for the assistance of his students initially and adapted it to assist people who require assistance with drafting patents. He derives most of his revenue from teaching, rather than the product.

My impression is that it won't get you to the stage of having a patent filed, but he provides assistance to work with you from there. What his fees are and what quality that is, is something I don't know.

Maybe that is something you should look into.

He has strong views on the value of non-provisionals but I think they are defensible as non-provisionals will reserve you a priority date but the claims are only as good as the detail provided in the drafting.

 

Filing a provisional patent should not scare you.

Basically its a description of your product that describes what it does and what it does not, anything special that others can't replicate. Years ago I contacted a few law firms regarding advice, what I got was it cost between $10,000-$25,000 USD that was in the early 2000s. They are not worth it.

Here's why:

Your patent, should have photos of your real invention if possible, or a map, a prototype etc., to describe it
Use the language that everyday people can understand, this is in your best interest. However, keep in mind the box of information that you read about computer specifications.
Yours should have descriptions, drawings, prototype and "specifications".

All provisional patent are assume to be approved, unless it is already out there. You must research. <----if it is out there. Using google, using the website

You must remember to fill out everything on that annoying form. -Else it will be rejected
Last time I read it cost around $250 to file (processing fees)
Lawyers to do it for me (last time I check was $10-$25k) which is not worth it. Unless you have money and want it to be sound proof.

Remember, you can later go back and amend it.
So don't be too scare by the rubbish the government put out. Or what the greedy lawyers say.

But each time filing will cost you money. So just research ahead.

 

If you wish to hire an expert: Vorel