The first step is typically to file a patent application. It is recommended to file provisional patent applications. When done properly it provides you tremendous benefit for a reasonable price. You will eventually need to file a non-provisional patent application, but the provisional application gives you benefits. A provisional application will freeze in place your filing date for 12 months, which means that when you later file a non-provisional patent application it will be entitled to the filing date of your provisional application, at least with respect to whatever you disclose in the provisional application. So if you do a conscientious job describing your invention in the provisional a later filed non-provisional application, which will hopefully ultimately mature into an issued utility patent, will be entitled to be considered filed as of the provisional filing date.
An early filing date is important because it prevents what others do after you file from becoming prior art. So when the Patent Office gets around to reviewing your invention those things that come after your provisional filing date cannot be used against you to prevent the issuance of a patent. Another benefit of a provisional patent application is that it can be used to conclusively prove that you were in possession of your invention at the time of its filing. So you get “patent pending” status immediately upon filing a provisional patent, you have locked in your priority filing date and you have 12 months to work on your invention to see whether it will ultimately make sense to move forward with the time and expense of filing a non-provisional patent application.
Perhaps the best benefit of a provisional is that the cost is substantially less than the cost of a non-provisional patent application. Many inventors simply do not get professional drawings or do a patent search at this point, which is certainly a viable option. If you are pretty sure you are ultimately going to move forward with a non-provisional patent application then doing the search and drawings would be advisable because it makes the provisional application better and you can just rely on the same search later and use the same drawings when you ultimately file the non-provisional patent application.
So during the 12 month period that the provisional patent application is pending you then move forward with trying to contact those who could manufacture your invention, those who may be able to help you sell the invention or get it placed in stores and you might consider starting a business to move forward. You can also see if there is interest on the part of anyone to acquire your patent rights.
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Tags :Intellectual Property Rights
