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How difficult is to to file for a Provisional Patent?

Posted on 3/17/14 at 1:43 pm
Posted by ERIMSEW
Member since Feb 2013
133 posts
Posted on 3/17/14 at 1:43 pm
I have an invention that is a improvement to an existing product, how hard would it be to patent it?
Posted by CurDog
Member since Jan 2007
28082 posts
Posted on 3/17/14 at 1:43 pm to
quote:

I have an invention that is a improvement to an existing product,


what is your invention?
Posted by jivy26
Member since Nov 2008
2756 posts
Posted on 3/17/14 at 1:44 pm to
Improved penis pump?
Posted by ERIMSEW
Member since Feb 2013
133 posts
Posted on 3/17/14 at 1:48 pm to
an improvement to an existing home and commercial product
Posted by Spelt it rong
Louisiana
Member since Oct 2012
9994 posts
Posted on 3/17/14 at 1:49 pm to
Not difficult at all. Just submitted one last week actually. Make sure you get a lawyer to review your patent though. They can make the words work better than you
Posted by ERIMSEW
Member since Feb 2013
133 posts
Posted on 3/17/14 at 1:51 pm to
How much did a lawyer charge for that?
Posted by LloydChristmas
in a van down by the river
Member since Nov 2009
2829 posts
Posted on 3/17/14 at 1:51 pm to
Posted by CurDog
Member since Jan 2007
28082 posts
Posted on 3/17/14 at 1:51 pm to
quote:

an improvement to an existing home and commercial product


to what? a vacuum cleaner?
Posted by Spelt it rong
Louisiana
Member since Oct 2012
9994 posts
Posted on 3/17/14 at 1:55 pm to
quote:

How much did a lawyer charge for that?


depends on the lawyer, time, difficulty etc.. it's not cheap
Posted by cajuntiger26
Member since Jan 2013
338 posts
Posted on 3/17/14 at 1:55 pm to
Call Patent Attorney then write check.
Writing check will be difficult part...attorney should do all the work assuming you have your stuff together.
Posted by nikinik
Mid City
Member since Jan 2009
5733 posts
Posted on 3/17/14 at 2:57 pm to
I've filed several myself without a lawyer. Just went online and studied A LOT on exactly how to do it and I reviewed samples online.
Posted by jbgleason
Bailed out of BTR to God's Country
Member since Mar 2012
18889 posts
Posted on 3/17/14 at 3:12 pm to
From someone who has several let me tell you the best advice I ever received...

It's not what it costs, it's what you are willing to spend to defend it. Frankly, if you are worried about the filing costs then the device isn't worth it and/or you don't have the capital to back it up. People can and will willingly infringe if they determine you don't have the wherewithal to fight it out in court.

My advice to small business people, save that money and spend it on Marketing and Production. Get out front and gain market share before you get knocked off. Lawyers will tell you different but that is so they can get paid.
Posted by therick711
South
Member since Jan 2008
25056 posts
Posted on 3/17/14 at 3:16 pm to
Part of why you should strongly consider getting a lawyer is because provisional patents are only useful in very rare circumstances. Their utility, even in those circumstances, is of dubious worth.
This post was edited on 3/17/14 at 3:18 pm
Posted by therick711
South
Member since Jan 2008
25056 posts
Posted on 3/17/14 at 3:19 pm to
quote:

My advice to small business people, save that money and spend it on Marketing and Production. Get out front and gain market share before you get knocked off. Lawyers will tell you different but that is so they can get paid.



Your advice to small business people should be license your prosecuted patent to a company that has production, marketing, and legal capabilities that exceed your own so you can actually make money.
This post was edited on 3/17/14 at 3:23 pm
Posted by nikinik
Mid City
Member since Jan 2009
5733 posts
Posted on 3/18/14 at 9:16 am to
It wasn't for me personally, it is part of my job.
Posted by dtmb
Member since Mar 2013
663 posts
Posted on 3/18/14 at 9:29 am to
A provisional patent will have to be followed up with a non-provisional application, but a provisional is intended to be easier to file. Get a good patent lawyer and make sure it's done right. There's an art to recognizing the difference between dependent and independent claims.

I was surprised by how expensive maintenance fees are even after a patent issues.
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