Free Republic
Browse · Search
General/Chat
Topics · Post Article

To: TexasAg1996; tallhappy; Howlin; Southack
The provisional patent sounds like the way to go. After buying this house, let's just say funds are not exactly there for what very well may be a commercial flop (you'll understand if I don't specify exactly what it is, right?).

But let me be a bit more specific. The item itself can't be patented. I have idea(s) about a process(es) that would make said item do something very differently. So I guess I'm asking is if I could patent the mechanism(s) that make the item do what I want it to do that's not yet done. Does that make sense? I can rattle off geekspeak like nobody's business. But I don't speak lawyerese.


14 posted on 12/31/2004 4:59:53 PM PST by rdb3 (Can I join the Pajamahadeen even if I sleep in the nude?)
[ Post Reply | Private Reply | To 5 | View Replies ]


To: rdb3

A provisional patent application is good in that it gives you a year to find out if any company wants to buy your invention. Also, a provisional patent application is usually pretty cheap. It costs between $100-$200 to file it.

Provisional patent applications can take many forms. Sometimes, they look just like real "non-provisional" patent applications. Other times, they are technical specifications written by engineers, or write-ups and drawings done by the inventor. If you choose to do the write-up and drawings, I'd suggest having a patent attorney look over it to make sure everything is OK.

About your specific invention, if the item itself is old, you can patent a process for using the item in a new way. Also, if you have invented a new device for making the item do something new, the device itself may also be patentable.


15 posted on 12/31/2004 5:21:27 PM PST by TexasAg1996
[ Post Reply | Private Reply | To 14 | View Replies ]

To: rdb3

I think you are talking about a "business process patent" or "method patent".


17 posted on 12/31/2004 5:34:05 PM PST by ikka
[ Post Reply | Private Reply | To 14 | View Replies ]

To: rdb3

There are a couple downsides to a provisional patent application.

Basically, the provisional application is only valid for a year, and it is never examined by the U.S. Patent Office (meaning that it can never become a patent). In order to get a patent, you would need to file a "non-provisional" patent application within a year of filing the provisional application. The non-provisional application could eventually become a patent.

In other words, the provisional application just acts as a placeholder and preserves your rights for a year.

Just a general word of advice - in the U.S., you have a year after you publicly disclose an idea to file a patent application. "Publicly disclose" means you disclose your idea to at least one person without some form of confidentiality in place. If you don't file a patent application within that year, you lose your patent rights. But for most of the world, you lose your rights if you don't file an application before publicly disclosing your invention. So, if you hope to get a patent outside the U.S., make sure to file an application (either provisional or non-provisional) before disclosing your idea. Also, you're right, don't disclose much here.


18 posted on 12/31/2004 5:42:24 PM PST by TexasAg1996
[ Post Reply | Private Reply | To 14 | View Replies ]

Free Republic
Browse · Search
General/Chat
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson