QUESTION

If I have little to no money but have an invention, should I be going for a provisional patent or an actual one?

Asked on Aug 14th, 2012 on Patents - California
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3 ANSWERS

Licensing Attorney serving Portland, OR at Mark S. Hubert PC
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If you have no money you have no options. You can't afford a utility patent. You must file a design or a provisional patent application. However, keep in mind a provisional only holds your place for 12 mo. Before that year is up you must file a utility patent. So if you are intending to file a provisional patent then you must plan to spend the money necessary to file a utility patent before the provisional patent application ends.
Answered on Aug 15th, 2012 at 5:36 PM

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Intellectual Property Attorney serving South Jordan, UT at Pearson Butler
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Provisional patent applications are generally a good option when you are low on funds, low on time, or unsure about the technology or your commitment to it. They have negatives, though. It will generally increase your total cost (you've added an extra step to the process), increase the time it takes to get the patent allowed, and increased the risk that someone might invalidate the patent. So, it is always a judgement call by the owner/inventor/ceo.
Answered on Aug 15th, 2012 at 5:36 PM

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Intellectual Property Attorney serving Irvine, CA at Shimokaji & Associates, P.C.
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If your decision must be based on cost, then provisional.
Answered on Aug 15th, 2012 at 5:35 PM

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