When is it time to file a provisional patent?

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When is it time to file a provisional patent?

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bigPhil

posts: 35

Jul 25, 2009 5:16 PM ET Quote Report Abuse

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When is it time to file a provisional patent? I came up with my idea for an invention about 1 month ago. I have started an inventor`s log book and have a very rough prototype at this point. How far along should I be before filing a provisional patent. I want some protection on my idea, however is it too early to start the clock on eventually having to file a non-provisional patent?

Thanks so much.

Cheers,

bigPhil

patentandtrademark

posts: 1332

Jul 25, 2009 8:28 PM ET Quote Report Abuse

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First of all, avoid "invention promoters" of ALL types. If they want money up front, run away. They all want money up front. If you want to look into marketing help AFTER the patent issues, it might make sense then.

Timing is kind of subjective. When you have something that "works" - even if not perfectly, I think it`s time to speak with your lawyer.

Avoid LegalZoom - they don`t give legal advice and can`t give legal advice. You can not prepare your own patent application properly. That`s not a personal attack - I don`t know you. It is a fact. Don`t do surgery on your pets - it`s just too complicated.

-------------------------

James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Cleveland, Ohio
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."
http://www.LindonLaw.com

bigPhil

posts: 35

Jul 26, 2009 5:14 PM ET Quote Report Abuse

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James,

Thanks for your reply. So once I get a working prototype I should file for a provisional at the very least? I can write a provisional one myself though right?

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When is it time to file a provisional patent?

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