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How To File A Provisional Patent Application
Inventors have enjoyed the ability to file a Provisional Patent Application since June of 1995.

The United States Patent and Trade Mark Office (USPTO) created provisional patents to provide inventors with a low cost option for protecting their inventions and to give US inventors parity with foreign applicants.

This article examines the pros and cons of filing a provisional patent application and the steps needed to file one.

The Pros

Filing a provisional patents application is advantageous for the following reasons:
- Provisional patents are cheaper. A provisional patent application costs as little as $110, as opposed to the thousand dollars that a non-provisional application may ultimately cost you.
- They are easier, too. A provisional patent application does not require any formal patent claim, declaration, or disclosure statement.
- Provisional applications provide an early filing date. An early filing date will give you priority over those who file later applications for similar inventions. This will allow you time to build a working prototype and test your invention without the threat of losing your ability to receive a patent.
- Provisional patent applications allow the use of the term “Patent Pending” to discourage other inventors from copying your invention.
The Cons

Noted disadvantages of filing a provisional patent application include:
- Provisional patent applications do not become patents. If you do not apply for a non-provisional patent with 12 months of filing your application, the application will be abandoned and you will lose your filing date. In addition, if your invention has been “in use” during the 12 months, you may also lose the opportunity to ever patent your invention.
- Inaccuracies and omissions can be costly. An omission or error in your specification can result in your application being rejected or in the need to file an additional application to cover the omitted aspects of your invention.
Filing A Provisional Patent Application

Filing a provisional patent application with the USPTO is a fairly simple process and most applicants can complete the process in one day. To file a provisional patent application you need to do the following three things:
1. Perform a patent search
2. Prepare a description of your invention
3. Fill in the required forms and file them with the USPTO
1. Performing the Patent Search

To receive a patent for your invention, it must embody an “original” idea. So in order to avoid wasting time and money attempting to patent something that is not patentable, you should first perform a patent search. A patent search examines all “prior art”. Prior art can be defined all previous development known to the public. Your search should include prior patents, patent publications and any publicly available literature regarding the sale or development of similar inventions.

At this stage, your search does not need to be very in-depth. You can easily perform a preliminary patent search via the internet. Later, prior to filing your non-provisional patent application, you can hire a professional to perform a more thorough search.

2. Prepare a Description of Your Invention

The description that you provide the USPTO must describe in detail exactly what your invention is, what it does and how to make it. Your invention must be described in such detail that any person trained in the relevant field would be able to reproduce it. This is needed to indicate exactly what it is your future patent will protect.

You must describe your invention in writing along with any drawings, figures or photographs necessary for understanding the invention. Your description must comply with all formal legal requirements and answer the following questions:
- What is your invention called?
- Was it created under a government contract?
- What are the names of the inventors?
- What does your invention do?
- What drawings, figures or photographs are included?
- What are the parts of your invention?
- How do the parts connect?
- How does the invention work?
- Are there other ways of making your invention?
- Are there any other ways of using your invention?
The answers to these questions along with any drawings, figures or photographs that you provide, constitute what is called the “specification” section of your provisional patent application. The specification of a provisional patent, while less detailed than that of a non-provisional patent, is very important. The information that it provides will become a crucial part of your non-provisional patent application, should you choose to apply.

3. Fill in the required forms and file them with the USPTO

Once your application is completed, you may file it electronically through the USPTO’s electronic file system (EFS) or via postal mail to:

Commissioner for Patents

P. O. Box 1450

Alexandria, VA 22313-1450

Either way, your application must include 1) your specification, 2) any necessary drawings, figures or photographs and 3) the appropriate filing fee. If any of these requirements are missing, you will not receive a filing date for your application.

Provisional patents offer inventors a low cost option for protecting their inventions. It also enables them to build, test and shop their invention around without the risk of having it “stolen”. More detailed instructions for filing a provisional patent application, along with the appropriate forms and specific information regarding the applicable filings fees can be found on the USPTO website.
February 5, 2013
Book Review: The Independent Inventor’s Handbook

Title: The Independent Inventor’s Handbook: The Best Advice from Idea to Payoff

Author: Louis Foreman and Jill Gilbert Welytok

Price: $10.17 (Amazon)

The Independent Inventor’s Handbook Review

There are many other books that cover much of the same ground but few do it so entertainingly and in such a fun and easy to digest manner. The Independent Inventor’s Handbook is Co-written by Jill Gilbert Welytok, an experienced patent attorney, and PBS star Louis J. Foreman, who created the series Everyday Edisons and is himself a noted inventor, the material is presented in a double column format with plenty of illustrations, photos, drawings, even cartoons, with sidebars with fascinating factual tidbits drawn from real life.

That is not to say that The Independent Inventor’s Handbook exalts form over content, but the old saying that a spoonful of sugar helps the medicine go down is absolutely accurate. While there may be some academic drudges who would prefer a grey print only presentation that drones on from detail to detail, most of us will find this book much more palatable and a heck of a lot more fun. If yo u’ll like me, you’ll start flipping through it at random and quickly get engrossed while sitting on the couch or lying in bed, and soon realize that its hours later and that you’ve gotten engrossed in the volume and lost track of time.

Some of the material, presented with a sense of humor, hammers home such essential lessons as “14 Licensing Land Mines to Avoid” and “10 Things Not to Tell a Potential Investor.” Often, having a firm grasp of what not to do or say can be just as important, if not more so, than knowing what to do or say. The chapter on obtaining protection for your invention is detailed and chock full of practical advice based on the experience of the patent attorney co-author, and she attempts to show how you can do much of it with a minimum of paid legal assistance.

Also excellent in The Independent Inventor’s Handbook is the chapter entitled “First Define the Market, Then Design the Product.” There may, after all, be some terrific ideas yet unex plored for new model whips to use with a horse and buggy, but clearly an extremely limited market for them in the contemporary world. Also of note is a chapter on “Finding the Funds to Bring a New Product to Market.” Many books in this genre neglect to explain the ins and outs of writing a business plan, and pitching investors.

The focus of The Independent Inventor’s Handbook is aiding inventors who come up with useful marketable consumer products, rather than more highly specialized industrial manufacture techniques or extremely high tech gadgets. The flow of the book is like a story, with everything interrelated and interwoven, and plenty of practical examples of successful inventors and innovators who managed to change our world and our everyday lives in so many little – and sometimes big –ways, while racking up fortunes from modest beginnings.

Available in Paperback at Amazon

February 5, 2013
Patent A Design In 7 Steps

In this article we cover the much asked question of how to patent a design. Design patents are granted for designs that are new, ornamental in nature and applied to an article of manufacture. They cover the aesthetic aspects of an article only, as opposed to utility patents, which cover an article’s function and utility.

A design patent will grant you the right to exclude others from making, using or selling your design for a term of 14 years.

To patent a design, you must know and follow the rules and procedures of the Patent and Trademark Office. Though it is not required, it is advised that you employ a registered patent attorney or knowledgable agent to help you obtain the most effective protection for your design.

7 Steps To Patent A Design

If you care to go it alone, you may follow the steps below as a guideline:

Step 1

Filing a provisional patent application is the first step to patent a design. A provisional patent application will give you twelve months protection for your design while you complete the application for the full patent.

Step 2

Perform a patent search. The law requires that a design be new and innovative. The purpose of the patent search is make sure that your design is in fact new and that it has not already been patented. You may perform a patent search yourself through the United States Patent and Trademark Office (USPTO) website, but you are advised to hire an experienced and competent attorney or agent to perform the search for you.

Step 3

Prepare drawings of your design. The drawings must depict your design from all perspectives and must be in black and white only, unless you file a formal petition to submit color drawing or photographs. These drawing are extremely important to your application and should be prepared by a draftsperson who specializes in preparing patent drawings.

Step 4

Write your application. The written part of the patent application must include a general description of your design, references to any known “prior art” found in the patent search and a “claims section” which includes the drawings and a single “claim”, which describes in detail all aspects of your design. See the USPTO website for the full list of documents and statements needed with your application in order to write the application to patent a design.

Step 5

File your application with the USPTO. The completed application must be filed along with the appropriate filing, examination and search fees. You may file you application via postal mail or electronically through the USPTO’s electronic file system (EFS). Once your application and all fees are received, you will receive an application number and a filing date. Your application will then be reviewed in the order of your filing date.

Step 6

Re-submit your revised or amended application. It is highly likely that your application will be rejected the first time you submit it. This is not uncommon. You will, however, receive comments or recommendations from the patent examiner to help you make the necessary revision to your application. Once these changes are made, resubmit and continue this processing of revisions until your application is approved.

Step 7

Receive your patent. Once your application has been approved and all objections overcome, you will receive a Notice of Allowance and Fee(s) due. This notice informs you that your application for a design patent has been allowed and that you are able to pay the required issue fee and be issued your patent.

Patent and Trademark Office

Again, in order to patent a design you must follow the rules and procedures required by the Patent and Trademark Office. These rules, along with of the required forms, can be found on the USPTO website. You may complete the documents and file your application yourself.

However, there is no guarantee that the patent you ultimately obtain by yourself will be adequate enough to prevent others from copying your design. For this reason, you would be well advised to employ a registered patent attorney or agent to help you receive the most effective protection for your design.

Good luck, we hope you’ve now got some practical know-how to patent a design.

February 4, 2013
The Inventor’s Bible Book Review

Title: The Inventor’s Bible: How to Market and License Your Brilliant Ideas

Author: Ronald Louis Docie Sr.

Cost: $15.99 At Amazon

Book Review

Clocking in at 376 pages, substantially longer than many similar books, this “Inventor’s Bible” begins with chapters on how to commercialize your general concept into a marketable product, formulating a strategy for obtaining patent protection, doing market and industry research and test marketing to fine tune a product concept, and how to go about the licensing process, including the important role that the use of disclosure agreements, properly drafted, can play in being able to present your invention or idea to companies without having it be stolen. Each chapter ends with a case study, making the general concepts clear in a living way.

The Inventor’s Bible also discusses an often neglected topic—the fact that ultimately, you often can no longer do it alone in today’s market. A chapter entitled “Victory through Teamwork” contains a frank discussion of when it is essential to use professional help in obtaining patent protection, effectively communicating your invention, and responding proactively to possible patent infringement. It also examines how to go about the search to find and hire the best competent professionals to be on your “team.” An appendix contains a number of useful charts, an overview of the patent process, criteria to evaluate your invention, and a boilerplate disclosure agreement that can easily be modified and used.

A section towards the end labeled resources is by itself worth the relatively modest price of this substantial book, covering essential information on government contracts and programs, conducting patent searches, other valuable publications for inventors, information about trade shows, and resources for small businesses generally.

The Inventor’s Bible comes in both paperback and ebook editions. A terrific 74-page workbook presented at the very end summarizes in many ways the steps outlined in more detail throughout the text and guides the user step by step through the process of transforming your invention or concept into a viable and marketable product. There is very useful contact information for both manufacturers and distributors whose participation can mean all the difference between a runaway good seller and a product that, despite any inherent great potential just sits on the shelf unnoticed.

Make no mistake about it—this is a book for the inventor who is ready to get down and dirty and get serious about making money with their idea. It is not for the idly curious or the dilettante unwilling to put in some serious effort and apply some serious thought. For those willing to put in the time and effort, it is likely that the rewards will come, provided of course, that the initial invention or concept was worthy of being marketed.

The Inventor’s Bible could have benefited from a more det ailed discussion of publicity, advertising, and public relations, those essential elements to creating a buzz about a product and making a new product something that the consumer has to have and believes he really needs, even if there was no real “need” for it before.

(Available in both Paperback and Kindle editions)

February 4, 2013
How To Copyright An Idea
In this article we talk about how to copyright an idea. Have you a written a new ebook that you would like to distribute or a new song that you would like to publish? Do you have an idea for a movie script that you would like to shop around? Have you developed a new app for smart-phones that you would like to sell online?

You understand that to protect your ideas from being “stolen” before you get the chance to reap the financial benefits of your creative expression, you need to copyright your ideas. However, intellectual property laws have always confused you and spending money on an attorney, to help you through what you truly believe should be a simple endeavor, is out of the question.

Luckily for you, once you get past the rhetoric, it is truly simple to copyright an idea. Below, we will discus various aspects of copyright protection and how to obtain a copyright.

So Can You Copyright An Idea?

A copyright protects the original expression of an idea. Such as, the way a book is written or the way a dance is performed, not the ideas they express.You cannot copyright an idea per se. You must first convert that idea into something tangible. This means by writing it down or recording it.

Requirements For Copyright

To receive a copyright, your idea must meet these two requirements:

1. The idea must be original, meaning not copied from someone else

2. The idea must be reduced into a tangible form of expression, which can be reproduced or otherwise communicated, such as on paper, cd, dvd or similar.

What A Copyright Does

A copyright grants you the exclusive right to reproduce, sell or distribute your idea. This is more accurately a “negative right” to prevent others from reproducing, selling or distributing your idea.

What a Copyright Protects

Copyright protects written works, musical scores and lyrics, dramatic works, choreographic works, pictorial, graphic and sculptural works, motion pictures and other audio visual works, sound recordings and architectural works.

What a Copyright Does Not Protect

Copyright does not protect ideas (such as insights, facts and statistic), patentable subject matter, names, titles, short phrase and slogans, familiar symbols or designs, list of items (as opposed to explanations), oral works which are not reduced to tangible form (such as speeches or vocal performances) or works consisting of common property (like the the standard calendar).

How To Copyright An Idea

Copyright is automatically secured when a work is created. No further notice or registration is required. However, there are certain advantages to registering a copyright. Some of these advantages are as follows:
1. Registration provides a public record of your copyright
2. If you register within the first 5 years of the publication of your idea, your registration will be considered prima facie evidence in a court of law.
3. If you happen to win that court case, a registered work makes you eligible to receive statutory damages and attorney’s fees.
How To Register A Copyright

You may register at anytime during the life of your copyright. To do so, visit the Library of Congress website, download and fill out the appropriate form for the type of work you wish to register. You then need to mail the it back to the Library of Congress along with a copy of your work and the appropriate registration fee.

Alternatively, to receive a lower filing fee, faster processing time and other advantages, you can register your work online through the Library of Congress’ electronic Copyright Office (eCO).

In summary, to copyright an idea you need to 1) reduce your original idea into tangible form, 2) make sure it is eligible for copyright, 3) visit the Library of Congress website, 4) fill out the appropriate form, 5) deposit a copy of your work and 6) pay the registration fee. It’s as simple as that.
February 3, 2013