Is a “provisional patent” the same as a “patent”? Actually, no. The word
“provisional” in the term means that a patent has been granted conditionally
pending the submission of a regular patent application and the patentability
of the invention. Thus it establishes a place in time as to when the idea was
first brought to the attention of the United States Patent & Trademark Office
(USPTO) and protects the owner from challenges from someone who may file for the same idea at a later time. The duration of a provisional patent is one
year and you (or someone you designate) must file for a regular patent during that time. If you don’t you lose the benefit of getting a provisional patent. It also protects the inventor from theft of his idea when the details of the patentable idea are revealed for negotiation or publication purposes.
If you have a great idea you want to get patented, the easiest way to get in
the game is to get a provisional patent (and the protection it confers) and then negotiate with someone to produce your idea after paying you an up front fee plus a royalty of some kind. Make sure the people you have contacted are
aware that there are other bidders for your invention. The idea here is to get a bidding war started to maximize your gain.
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.
Dealing with government agencies is uncertain at best and there are no
guarantees that you will succeed but using a kit that someone else has used
successfully is a really good option. Search on “provisional patent kit” and
read through your choices that result.
The author can recommend the following Provisional Patent Application Kit And this website gives more info on How to Write a Provisional Patent
