If you’ve come up with a good product idea for the construction industry, you’ll face a dilemma that perplexes many an inventor: You want to make sure no one steals the idea. At the same time, you’re reluctant to spend $5,000 to $10,000 (or even more) to file a full-fledged patent application, using a patent attorney.
Maybe you need more time to explore the commercial possibilities of your invention before committing the big bucks to manufacture and market a new product.
Fortunately, there’s an easy way to resolve this dilemma. You can file a “provisional patent application,” which will safeguard your claim for up to a year. This is a do-it-yourself procedure that lets you buy time before you decide to take the full plunge. Like a full-blown patent application, the provisional version is filed with the U.S. Patent and Trademark Office.
In their book, Patent Pending in 24 Hours, attorneys Richard Stim and David Pressman say filing a provisional patent application offers these benefits:
- You can take up to 12 months to decide if your invention will be profitable before you spend thousands of dollars on a regular patent application.
- You can use a “Patent Pending” notice to head off competing inventors.
- You can delay building and testing your invention.
- You can establish an official filing date for your invention.
- Your application is kept confidential.
- Your patent’s expiration date is extended if your patent is later approved.
In their book, Stim and Pressman recommend you begin the process by checking on earlier patents to avoid spinning your wheels on something that’s not actually a new product. You also want to avoid claims of patent infringement. For convenience, you can conduct much of your research online.
THE APPLICATION
A provisional patent application consists of two main parts: a drawing and a description. The drawing of your invention can take many different forms. Certainly, a line drawing will qualify. But so will a flow chart, a schematic or a photograph. The drawing must be understandable and fit in a regular file folder.
If you’re artistically challenged, review the dozens of practical tips that Stim and Pressman offer in their book. And if you’re still intimidated by producing a graphic representation of your invention, you can always hire a graphic specialist to produce one - hopefully at a modest cost.
The description or text part of your provisional patent application can be written in plain English rather than in the technical, formal style required for a full patent application.
The heart of the application consists of four types of information:
- The parts or components of your invention.
- How the parts or components connect or interact.
- How your invention achieves its result.
- Alternative ways, if any, that your invention can achieve its result.
If this sounds a bit abstract, don’t worry. The Stim and Pressman book provides several sample applications you can use as a model for your own. Remember, it’s OK to write in the first person: “I invented a device for removing seeds from watermelons.”
Feel free to use bulleted lists. They can make your application easier to read. To make sure you’re communicating clearly, ask a friend to review your application and give you constructive criticism. If you’re still uncertain, have a patent lawyer review your efforts.
FINISHING UP
You can file your provisional patent application by mail or online. You’ll find details at the patent office site (www.uspto.gov) or in the Stim and Pressman book. For small businesses, there’s a $100 filing fee; for others, the fee is $200.
Once you’ve filed your provisional patent application, you can mark your application “Patent Pending,” or refer to it that way. If you manufacture your invention, mark it - and the packaging - “U.S. Patent Pending.” But don’t do this for more than a year, unless you file a regular patent application.
Although you have a full year to file a regular application, don’t wait until the last minute. At least two or three months before the year is up, start preparing your regular application if you’re convinced that your invention can be profitable.
You can still file a regular application if you’ve missed the 12-month deadline, but you’ll lose some benefits.
For details, see Patent Pending in 24 Hours, available at bookstores, online booksellers, libraries, or directly from the publisher, www.nolo.com. EQ
