More great InventRight content. Another great appearance and solid advice from Damon Kali: "just sit down and tell your story in your own words". Love the intro music. Good stuff, Guys!
Damon Kali hit it the nail on the head when he "confessed" about the overwhelming legal jargon being necessary in order to justify lawers jobs. !!! (3:10) It's just amazing how confusing and convoluted this process is. I've watch several videos that seem to somewhat contradict each other. Who do you trust? Also I also agree with recessive genius: less bla, bla, bla.
Once again awesome advice. . I live in the UK and I've filed one, it's so easy. I think the hardest part was trying to upload my specs and drawing. The USTPO has guide lines on which programs to use for writing these. Their website can be fiddly but it's not too bad . keep up the amazing work you're doing.
Hello Steve, I have a few questions regarding PPA drawings. Did you use software? if yes which? Did you just drew on paper and scan it? Do you use a certain technique? I know that there are no formal requirements for a PPA drawing, but what should I be mindful of? And what about the line drawings for a PPA in terms of naming of the components of my invention? Should it just be a one to one correspondence with all the components mentioned in my PPA? What about lack of material like a hole or a notch mentioned in the PPA, which may be an important part of the invention, should that be described in the drawing description? Thank you very much.
Steve Cranna Hi ! I am a project developer living in UK and I have a great Idea with a huge benefits for the market of an very common product that are currently on sale in the Entire While World Market ! My idea it is unique doesn't currently exist on the Market I have the Prototype of it it's easy for production at a low cost with a huge benefits for the market as my invention and ideas need to be Licensed ! From where can I get an protection PPA at a price of £65 for my product ? Looking forward to your replay, Many thanks.
I think what would help most of us is less blah, blah, blah and more like an actual list of what is included in a ppa. Especially the forms. 1. Sb 16 2. Fee transmittal? 3. Proof of micro entity? 4. Guts of ppa. Back ground, description, field of invention, pictures, drawings, claims, summary, etc. 5. Check, who to make it out to That would help alot. Thanks
Amy Jo and Andrew always get to the point and are really terrific. It's Stephen who rambles. I used to find it really annoying, until I read his book. I have an entirely different impression of him now. I think I have a hard time listening to his rambling for the same reason he can't seem to not do it. LOL. Creative minds....If it weren't him for him none of us would have access to all that InventRight offers! He's kind of brilliant.
I used the program they offer.its easy to understand but it was through this program that it was denied.because of some lack of information.im not sure what I did wrong and wasn't able to ask anyone why either.im sure it works but it did not work for me atleast.
I like a Comment Les Brown once said. "When I stood Up to Speak, My Brain sat down" I'm sure a lot of us feel that way! But we have to push pass this Obstacle...
How to write a provisional patent application that has value in the marketplace: www.forbes.com/sites/stephenkey/2018/03/31/how-to-write-a-provisional-patent-application-that-has-value/#918211552700
I think this is my biggest concern, I’m just worried I may not complete it properly. I don’t want to leave any holes in it. I’ll be going through your book again, which was a great book. I just wish there was more people out there writing about this.
One final question. I'm ready to start the process of writing my PPA, but the reason I've been a bit slow to start is because my invention falls along the lines of a redesigned doll line for a toy company. It's more about the branding style and the concept behind it. I'm describing an idea essentially. The patterns, colors ,logos and tag line. I'm not sure what the average invent right student is trying to license , but they seem to be geared more toward the physical invention of a tool or handy item. I have examples of the accessories as well as an extra item to sell inside the boxes to help advertise for the company on the go. I feel like my idea is more about the idea than the actual product? I have designed the outfits to go with the logo and tag line. I feel like if I can just get them to see it they will say "Duh. no brainer why aren't we already capitalizing on this."
You’ve mentioned that licensing deals should be done not directly with the inventor but with an LLC that the inventor has registered (for liability reasons). When filing a PPA, should the same caution be made to where the PPA is submitted in the LLC’s name listing the inventor as that LLC or for the PPA it is safe to just register it in the inventor’s name and when it’s time to make the utility patent then at that time make the appropriate ownership on it?
There are many ways to carve that pumpkin. Your patent attorney can help guide you on these and other questions about LLC trade-offs. An inventor can capitalize an LLC with his or her copyrights, inventions and patent portfolio and then authorize (manage) the LLC to license those rights to others and to hire the necessary legal counsel. An LLC (or other juristic entity) cannot prosecute a patent application without a patent practitioner. A sole proprietor can. An LLC also cannot be named as an inventor. A PPA doesn't require an inventor's declaration or claims, but the cover sheet should name at least some of the inventors for materials that mature into actual issued claims.
You have to realize that a PPA has no enforceable rights on its own. You can file another copy or an improved version of your PPA at any time but only claim those that are not over 12 months old when you file a utility patent application claiming priority from the ones you choose to reference. Like they said at 8:50 in the video, file another one. An NDA might be useful to try to stop them from using your ideas before you get a license. Absent that, anyone can take your PPA invention and make or sell them without your permission anywhere in the world and there is nothing you can do (legally) to stop them.
The PPA is to hold a place for one year and then you are supposed to file the actual Non-Provisional Patent app. The PPA just secures a place saying you made the invention and now can say "patent pending" and try to sell, license, fix any imperfections, tell others about it, etc.
Because I have invented a device and gone through many iterations of improved successful embodiments before arriving at what I am now satisfied is the best and most novel of all, I have a multitude of drawings I intend to include in my current provisional. On my previous utility patents, every little part of each drawing was identified by a reference number incorporated into the detailed description. To be useful in the provisional, must I add similar detailed reference numbers to each and every drawing? Or would it be sufficient to provide such detailed reference numbers only for the best preferred embodiment, and then rely on text in the description and drawings without reference numbers to discuss the very similar figures showing variants included in the application primarily as defense against potential workarounds? I am well able to annotate each and every drawing, but it will take a long time. I am confident that one "skilled in the art" would absolutely understand the drawings of alternates without reference numbers, as both the text and the alternate's relationship to the similar element of the preferred embodiment that performs the same function are very clear. I am otherwise close to filing and will slog through addition of the reference numbers if it would in any way weaken the provisional to omit them. Aside from the question of these reference numbers, my provisional is prepared so as to be directly convertible to a utility patent, pending further prior art that I might discover in the 12 month pendancy period that could alter claims. Can I skip the reference numbers for now?
knew you guys from your amazin content but did not know damon Kali, i ve been on analysis paralysis fear your name it mode and this is giving me courage, hes so right i am stuck but if someone asks me about my inventions he ll be stuck hearing me talk about it for more than an hour haha
Hello, guys at InventRight. Thank you for encouraging and guiding upcoming inventors. I hope to one day be your student or work with you in some way. I have many ideas that I know will become successful products and watching your videos help me sharpen my inventing skills each time. I don't know if you have a video about the ins and outs of the phone app industry. I have a very big idea about an app for the healthcare industry and would love guidance into how to bring it to fruition. All help is appreciated.
Hi, all your videos are very good & encouraging. I am from India, can I file provisional patent in US PTO? or is there any separate application procedure for non-US applicant. Thanks.
If you are from India, you must first obtain permission to file in the US from your government. It is simple to do, but critical in your path to filing in the US.
I have a prototype ready to go. I want to send it to a manufacturer who can help me make adjustments and improvements. Do I need to worry about the manufacturer taking my idea or will the PPA protect me from that? And what happens after a year goes by?
After you come up with a great idea, and finally got a PPA, would you require a prototype before trying to hand the idea off to someone else? I’m trying to figure out how you would sell an idea, or find customers without a prototype?
You don't need a prototype, just the drawings but the prototype would help sell the idea. If you decide to build a prototype then wait to file the PPA until it is built because the PPA expires in a year and a full patent needs to be filed within the years time. I am thinking it is best to have the buyer of the idea pay for the full patent which can be costly.
Great videos , luckily I was a good pen & ink draughtsman before CAD horrible computer drawing , I willl draw my inventiins with alacrity, if you cant draw it , it wont work
I have a tool accessory idea. Actually have a 3D printed prototype that works well. However, I also have four variation ideas for this accessory. None of them are much different from the original, but certainly change the scope of its function. Should I file a single PPA with the different variations listed on that one, or should I file a separate PPA for each of the variations (5 total)?
The PPA basically establishes a Start Date which can be referred back to when you submit the actual patent application, essentially saying that the actual patent application STARTED at that Start date. But suppose the year goes by and you haven't submitted the related actual patent application? It means that you lose that Start Date. But you can eventually still submit, at some later date, an actual patent application, but it just means that the effective Start Date for the patent application is that date when you submit the actual patent application. All you're losing is that "reserved" Start Date of the provisional patent application. RIGHT? Also, if you do indeed fail to apply for the related actual patent within the one-year time frame of the provisional, isn't it possible to simply file the same (or maybe modified) provisional patent application AGAIN? And all it really means is that you have a new Start Date, and yet another year, in which to file the actual patent application?
It provides no protection whatsoever. It only gives you a year in which to decide whether to file a non-provisional application claiming the invention disclosed in your PPA. You only get enforceable patent rights from an ISSUED patent.
Yes, if they provide any material contributions to any part of the invention to be claimed in your later utility patent. In theory, the invention would be presumed to be jointly owned unless otherwise agreed, and thus all inventors are "equal" in the eyes of the USPTO.
Can you give more detailed info about my rights after I file a PPA? Can someone steal my idea? Or can someone else do some little adjustments and file their own PPA's or full Patent file? I am afraid to file a PPA , because I dunno my rights .
Hi Meran. Nothing is black or white about intellectual property - it's all about how you use it to further your business goals. Here are some resources about protecting yourself to get you in the right mindset: 30 Ways to Make Sure You Actually Profit From Your Creative Ideas: www.inc.com/stephen-key/30-ways-to-protect-your-product-ideas.html 5 Things You Need to Do to Protect Your Product Idea: www.inc.com/stephen-key/5-ways-to-motivate-people-to-work-for-and-not-around-you.html Don't Sign That Contract Yet! 17 Signs You're Working With the Wrong Company: www.inc.com/stephen-key/dont-finalize-that-contract-yet-17-signs-youre-working-with-wrong-prospect.html Considering Crowdfunding? 16 Ways You Can Fight Back Against Copycats: www.forbes.com/sites/stephenkey/2018/01/31/considering-crowdfunding-16-ways-you-can-fight-back-against-copycats/#7b26ef6a6d9f How to Write a Provisional Patent Application That Has Value: www.forbes.com/sites/stephenkey/2018/03/31/how-to-write-a-provisional-patent-application-that-has-value/#546e69fd5270
You get no enforceable rights with a PPA. Yes, ANYONE can steal your idea if you disclose it to them. You have to protect yourself with legal paperwork before you do that. A PPA does not do that. A CONTRACT might do that, assuming you have the money needed to sue them if they break their promises.
I find that last remark regarding filing multiple ppa misleading . An inventor could lose his advantage of filing the ppa first if he would let the first year go by while some other competitor would file a similar ppa after him.
True, you can file sequential or overlapping PPAs for year after year, if you want. But once someone else has "the same idea", or steals yours, the value of your utility application is in serious jeopardy.
Stephen questions : 1. Do you give an example on one of your books , step by step , on how to write a PPA ? 2. How many years is a : Licensing Agreement or both parties agree to be ?
Hi Julio. Yes - the book you need is "Sell Your Ideas With or Without a Patent." www.amazon.com/Sell-Your-Ideas-Without-Patent/dp/1507885733/ Typically, the life of the product, but it all comes down to how you negotiate - and renegotiate.
hreat information. i have a question. i hear "utility patent" but what about design patents? what is the process to successfully license a type of hat that does not exist in the market
That is a great question John! We have a video about what to do when your provisional patent is about to expire: ruclips.net/video/fwGHFG9beXI/видео.html. There is also an article about this topic on Stephen's column at Inc. www.inc.com/stephen-key/what-to-do-when-your-provisional-patent-application-is-about-to-expire.html. Hope you find those useful!
@@dfeb101 You can refile your PPA at any time. You can only cite a PPA that was filed up to 1 year prior. You can file 25 provisionals and then reference the ones that are not over a year old.
MY WHOLE LIFE I HAVE NOT SEEN AN IDEA THAT I HAVE THOUGHT OF. AFTER WATCHING YOUR VIDEOS, I WAS PROMPTED TO DO A SIMPLE SEARCH ON THE INTERNET AND THERE IT WAS AND SELLING ON AMAZON! BUT I NOTICED THAT IT SEEMES TO BE HOMEMADE. SHOULD I STILL FILE A PPA? HOW DO I KNOW IF THEY HAVE FILED ONE ON THIS IDEA OR NOT?
damn patent attorney nailed me to the wall, I can invent all day, and I have my ideas so fully developed with every aspect of a idea. I can talk about them for hours, and will come up with ideas for a new whole idea as I am talking about one. but writing all this for every idea I have, would take ten life times. it takes me 3 months to write a provisional . i truly just need a patent attorney wife, or a job interview with Google to be a think tank inventor. I have been writing my ideas down since I was 12 , now 34 have only wrote 6 provisional patents but never filed them because I need the right partners in my life. I feel selfish for not doing them. I could definitely make the world a better place. I even have one idea that would save millions of gallons of water a year. it's impossible to get a interview with any company that I have the talent for without a college degree. if you have any advise on what I should do it would be well appreciated? it's hard to create something from nothing , and collapse wave form. i need to have the funds to put my skeleton team together and invent freely. I just need a base hit to invest in myself . The cause and affect of that would hopefully be create millions of jobs. case and point of this rant, is it am tired of talking about it , and need to be about it.
Maybe if you go ahead and file one or more of your provisional applications it will start a fire under you to get the financing or other documents in place to proceed with filing utility applications for one or more inventions.
Inventing is a numbers game. It's very rare to license to the first company you approach. Here's what to do when your PPA is about to expire or has expired: www.inc.com/stephen-key/what-to-do-when-your-provisional-patent-application-is-about-to-expire.html
You don't "get" a PPA. You file a PPA, giving you up to a year to claim that invention in a utility patent application. You can file as many PPAs as you want to, year after year, as long as you don't disclose, sell or use your invention publicly (which could terminate your rights to claim the invention).
I have filled PPA. How about if somebody else files same project with complete detail after me. He also fills forms to get it done quickly. Who would be considered first inventor of that product.
Can you file a PPA for a similar product of patent that was filed 10 years ago? In other words, the newer product has the same function but doesn't require electricity and isn't as complex.
Possibly! Prior art exists for all ideas. It's all about whether you can carve out a significant enough difference. That said, it's worth taking some time to think about how PPAs fit into your overall go-to-market strategy. Have you read inventRight cofounder Stephen Key's book about intellectual property, Sell Your Ideas With or Without a Patent? Thanks for watching!
The goal of a PPA is to reserve your right to a patentable invention that is "new and non-obvious" in light of EVERYTHING ever published about similar inventions at the time you file your PPA. Since 10,000 more documents may be published THIS year, you need to get ahead of what your competitors are doing, one way or another (not always with patents).
Thanks for the video! As I'm following your videos on filing a provisional patent application, I am wondering if we need to turn in a "proof" of micro entity for the low price we paid for provisional patent application ($70). Can you please advise?
It's $75 now (Dec 2020) and there are rules about questioning an applicant's assertion of micro-entity status at any time during the provisional or utility application process or maintenance of the full 20-year validity (if you get that far).
Those sites can be helpful in finding freelancers for sure. Here are 5 guidelines to get the most out of working with freelancers: www.inventright.com/index.php/component/k2/5-guidelines-to-get-the-most-out-of-working-with-freelancers
Another great video guys thank you for your work. I have a PPA filed now, should I be afraid to send my product information (sell sheet, video) to a company that accepts ideas which is located in Canada? I am in U.S.
Good question Rich. Your PPA is not effective in Canada, so you are correct in worrying about this. There are several ways that you might approach this. One is to ask the Canadian company to sign an NDA. You'll need to consult with a Canadian attorney to determine what can and cannot be included in an NDA and how effective the NDA is. Another is to make a filing in Canada that covers the same subject matter as your PPA. Still another is, before your PPA expires, file a PCT application claiming priority to your PPA that will give you 18 months before you have to make a Canadian filing. Be advised that these strategies require careful review of your PPA to make sure you comply with all relevant rules. I can't be more specific since I don't know your exact factual situation.
does a provisional patent help protect your design. asked another way, is it possible to file a design patent at a later date while being protected by a provisional patent?
I appreciate your informative video. I am from Ireland and I want to lodge a provisional patent in the US. Is there any restrictions on a person outside the US applying for a provisional patent ?
It all depends on how quickly you get in touch with potential licensees (companies) about your idea and how great of a fit it is! Could be the next day, could be within weeks, could be months, could be years. Thank you for watching.
Signs Your Patent Attorney Does Not Have Your Best Interests In Mind: www.forbes.com/sites/stephenkey/2018/10/30/signs-your-patent-attorney-does-not-have-your-best-interests-in-mind/#325aeb8c3b0a
Does a provisional patent really protect the idea? I mean in the sense that we can claim ownership of the idea in case anyone else comes up with that idea later on?
Hi Shayan. Please know that we are not attorneys and thus are not giving legal advice. The intellectual property you file should be one component of your strategy for protecting (and profiting from) your creativity. Yes, you can license an idea with a PPA alone. Our students do every week! You can convert a PPA into a patent later on, and possibly get your licensee to pay for it. For more on protecting your ideas, read Stephen's article "30 Ways to Make Sure You Profit From Your Creativity" www.inc.com/stephen-key/30-ways-to-protect-your-product-ideas.html
It is not a patent. It is a provisional application for a patent you have to file within a year. A patent has enforceable rights once it's issued (which can be years away). A provisional application has no enforceable rights of its own, but could certainly be used as the basis for licensing or other agreements, which ARE enforceable, whether or not a utility patent is EVER issued for your invention.
Yes, and it's not a "provisional patent"; it's a provisional APPLICATION for a patent. Only after a patent is issued does it become enforceable. A PPA is not a patent of any sort.
I'm still lost here, i need to know, in layman's terms, what to do after, i pay the $65.00, & fill out the paperwork, for example, who to contact to get a patent, & then who do i contact after "i get the patent" if i get a patent & who do i contact to try to get this item built, & then who do i contact that i can trust to market it,, I've been struggling with this idea, that i know would sell like hotcakes, i just don't know where to start, who can i trust & how to get it out there
You don't "get a patent" when you file a provisional application. You only get a patent after filing a utility application, paying to have your invention searched and the application examined, deal with any rejections and get it issued, usually after one or more amendments to your claims. In the meanwhile, you should click on some of their other great videos about licensing.
If they didn't invent what they claim in their patent application, then it could be void for fraud, not to mention a federal perjury crime. It's pretty unlikely, unless they're going to rip you off in some other country that doesn't rigorously protect intellectual property rights
the patent proces status right now is New case ready to Examiner in GAU what means that how long does it take till i get the patent for the invention or rejection?
Hey Guys, Thanks for your very helpful knowledge and experience. As Stephen mention in another article; "Publicly disclosing your invention can prevent you from obtaining a patent later on". At what stage(s) should you avoid disclosure?. I was hoping to start to use and or sell my idea after I file my PPA.Is that ok? I looked for the question elsewhere but could not find it. Thanks in advance guys.
Hi Shaun. The simplest answer is don't share your idea before you've filed some protection. Beyond that, you get into strategy. Consult an attorney for more legal advice.
Once you disclose your invention the information can be used by your competitors unless you take steps to prevent that. Filing of a PPA, by itself, gives you no enforceable rights whatsoever. It merely preserves your right to file a patent application for that invention up to a year later, if you so choose, without losing your "priority of invention" to intervening applicants.
so is a "provisional application" initially only tantamount to a "design" patent? The utility application should be filed within that first year to cement the whole thing somehow? And if that's the case, is the initial provisional application, or design application, enough to reserve the claim for oneself prior to the utility application??
Design patents are for protecting the ornamental shape or appearance of something, not how it functions under a utility patent. Provisional applications are not available for design patents. A given product may have both design and utility patents (not to mention trademarks, copyrights and trade secrets).
I have a question on design patents. I know this is somewhat different. Is there such a thing as a provisional design patent? I have various designs I would like to get patented through a provisional, but maybe I'm not looking in the right spot. If you have any suggestions, it would be much appreciated! My designs are done, I just need to file the patent, then pitch it, market it or sell it. Thank you.
@@UpnorthHere Do you know the average cost? Can I submit a national design patent? State or regional design patent? If there are answers to my questions, how long does it take to finalize the progress, getting done faster? I'm also wondering, I can't find a reliable source, but can I license the design and get royalties off of the designs?
A provisional patent application is a tool you can use to help you license your produce idea. More about what provisional patent applications can do: www.forbes.com/sites/stephenkey/2018/01/08/dont-file-that-patent-yet-file-a-provisional-patent-application-first/#7013bfe57fe0
Excuse me I would like to know what companies you can refer me to I have and idea for women products(pads). and I don’t have to get a patent for this kind of product do I?
Hey guys, love your work and your videos. I have a question about ppa's. I am in Canada and have multiple idea's but am not sure where to file my ppa. Does it matter if I file in Canada or USA. Also can I even file in USA and If I file in 1 or the other does that mean I am only protected in that country?
You can file in the United States from anywhere in the world! You are protected in the country you file in. You can extend your PPA and file in other countries later on if need be. Glad our videos on inventing and licensing have been helpful to you!
Hello everyone.i try to make a provisional patent and it was denied.i played my 75 dollar fee and about 2 months later I got a letter saying it was decline and they wanted a whole lot more information.there are 2 options.one I think was 65 and the other 75.i dont remember why but you have two options on pricing.atleast when I did this 2 years ago.
Interesting. Was there any explanation explaining why it was rejected? So much for all these "experts" telling us that PPAs aren't reviewed just time stamped and filed.
@@P272-e9k It's reviewed for filing compliance, not examined for patentability. Similarly, someone files to register a copyright and it has to meet their objective filing rules, but they have no way to know who actually wrote it or whether it's enforceable.
Stephen's book "Sell Your Ideas With or Without a Patent" describes what to include in a provisional patent application. We also have a program called SmartIP that can help: www.inventright.com/what-we-offer/smartip-offer Thank you for reading and watching.
The information you need to file a provisional patent application with the USPTO can be found here: www.uspto.gov/patents-getting-started/patent-basics/types-patent-applications/provisional-application-patent If you're looking for help, consider our program SmartIP: www.inventright.com/what-we-offer/smartip-offer
Thanks for watching! You can transform a PPA into an international application later on if you so choose. Please consult an attorney for legal advice, as we are not attorneys.
The USA is a rare bird in the availability of the PPA. Other countries offer "preliminary filings" that are very low cost filing fees, but you're "stuck" with the content of the application as you originally filed it, like filing a utility application in the USA.
A website contains creative works of original authorship (images, literature, software) automatically protected by copyright law. It may also have trademarks or service marks related to goods or services. It may also contain patented designs or utility inventions (the "one-click" feature of Amazon was patented). Note that copyright does NOT protect any ideas, concepts, discoveries, methods or inventions -- only the creative work describing or showing them.
Hi guys, Informative vid as always 👍 I have filed 3 provisionals so far, but have filed them in uk (I am from uk). I based this on my own presumption that if any company takes on my idea, then priority can be taken from the uk application, which costs £0. Am I right in my presumption?
Cosmo John the first patent I filed I managed to get through to fully granted in UK myself (not using a patent attorney), but didn't file anywhere else due to costs (I hadn't come across Inventright videos and their methods at that point). The 2nd one is an improvement on the first and nearly ran out of the 1 year priority due to the company interested dragging their feet for months and months! When we finally couldn't come to an arrangement, I just retracted the 2nd one at the UK patent office and immediately re-filed it so that it 'reset the 1 year clock' so to speak. I have since found another company that is interested so if they do end up taking it on and they want to file elsewhere using the UK priority date, they can.
Fran Barker Will patent office employees with access to the PPA they deem having market value copy ideas in PPA even though they are not supposed to have examined it? In other words, is there such a Risk?
Cosmo John I doubt it very much as it would totally undermine the whole patent system! I've never heard of this happening and don't think it's something worth worrying about. At the end of the day, you can worry till the cows come about people stealing your ideas. There are no guarantees in life, but one thing that you can guarantee is that if you don't take action and start getting your ideas out there, you will have zero chance of licensing an idea!
Great question. Not very. If you license the idea, your licensee may step up to the plate to help defend your IP, which was what happened to Josh Malone of Bunch o Balloons: www.inc.com/stephen-key/an-unexpected-benefit-of-licensing-a-product-idea.html.
Hello Swoops! You can file a US PPA through the website of the United States Patent and Trademark Office. www.uspto.gov. To help people generate the documents and walk through the process of filing, we made Smart IP available to inventRight students, and now to everyone else as well: www.inventright.com/smartip. Hope this helps! Thank you for watching!
For help writing your own PPA, please consider checking out our new software SmartIP: www.inventright.com/smartip. It was created by IPWatchDog.com founder Gene Quinn!
So I just filed my first ppa, and paid the 75.00 any idea on how long it will take to get any confirmation on it being accepted or denied so I can try and pitch my idea? Sorry I'm very new to this
All kinds of food recipes or processes are patented. A provisional patent application is completely optional and doesn't contain any enforceable rights on its own.
My biggest fear is submitting an incomplete application. If this happens or if the application does not meet the criteria, what happens? Would the system reject it?
Hi Keia! The system does not check to see if the documents are written properly. If you want a more thorough description of what to put in your PPA, you can get it in "Sell Your Ideas with or without A Patent": www.amazon.com/Sell-Your-Ideas-Without-Patent/dp/1507885733/ref=asap_bc?ie=UTF8. SmartIp can also help you write your PPA, step by step: www.inventright.com/smartip. Thanks for watching!
If you think of something later, you can simply file another PPA. Nobody is ever going to read your PPA in the vast majority of cases unless there is some dispute over whether you're later trying to "add new material" to your utility application that you thought was disclosed in your PPA, or there is some litigation about a conflicting application or prior art.
So I've seen there are about 20 patents similar to my idea however I've never seen any semblance of the product on the market. Is this an area you guys help a client sift through?
Absolutely. If that's the case, you need to act like a detective. Why did the product never make it to market? There's obviously a reason! You can call the owner of the patent to find out why, for example. Here's more on how to do that: www.entrepreneur.com/article/284443.
No, not exactly. Check out these resources - they explain what your options are when your provisional patent application is about to expire: ruclips.net/video/fwGHFG9beXI/видео.html www.inc.com/stephen-key/what-to-do-when-your-provisional-patent-application-is-about-to-expire.html
Short answer: yes, you can. Whether it's valuable to do so depends on other factors Stephen discusses in his video (public disclosure? licensing? NDA? utility application? additional features? competitive environment?)
if I file for a provisional and later on I decide I dont want to get a noprovisional is that a bad thing or do I have to follow through with the nonprovisional
Hello John! There is no requirement to follow a Provisional Patent Application with a non-provisional. Here are some of the options at your disposal when your PPA is about to expire: www.inc.com/stephen-key/what-to-do-when-your-provisional-patent-application-is-about-to-expire.html Thanks for watching!
If you don't file a non-provisional claiming reference to the PPA, then the PPA eventually expires (after 16 months) and will be shredded with other confidential information in the USPTO.
"Attachments" and other versions or improvements for your invention can be described in one or more PPA and then all of them referenced in one or more of your utility applications, assuming they're not over 12 months old by then.
Depending on the size of your organization, the filing fee varies. For individuals, it is now $70. See here: www.uspto.gov/learning-and-resources/fees-and-payment/uspto-fee-schedule
The costs generally go up every year or two. In 12/2020 it's $75, assuming you can certify that you meet all of the micro-entity qualifications of 37 CFR 1.29 current as of the date of filing the fees. The max is 4 times that, if you're worried about not qualifying for the discounted fees.
If you are filing a PPA with the US Patent and Trademark Office, notice the address bar (URL) with an orange triangle in your Firefox browser, and after clicking on the "i" next to it, you will see that the connection is not secure. As of this posting (3 March 2020), the site STILL is insecure. I did an extensive amount of research and posted the results in a report, "The gaping security hole in a US Government website", which can be found at Inventors Assistance Center at www.inventorsassistancecenter.biz/help-with-your-invention. My advice to everyone is to read this report and file elsewhere.
Hi Jon Mcleod, I attended an IP workshop in London a little while ago and asked an IP expert specifically can software be protected. He said that software _can_ be protected but that it has the same requirements as any patent application, eg; no 'prior art', has an inventive step, is innovative, new and has a definable "technical function."
This article goes in-depth on what your options are strategically regarding provisional patent applications and the 12 months they last for: www.inc.com/stephen-key/what-to-do-when-your-provisional-patent-application-is-about-to-expire.html
There is no PPA "renewed". You simply file another PPA at any time, starting the 12-month clock on whatever is disclosed in that application. If you have multiple PPAs that are not over a year old, you can cite some or all of them in your utility patent application filed within that year.
More great InventRight content. Another great appearance and solid advice from Damon Kali: "just sit down and tell your story in your own words". Love the intro music. Good stuff, Guys!
Thank you John. This video is old!
Damon Kali hit it the nail on the head when he "confessed" about the overwhelming legal jargon being necessary in order to justify lawers jobs. !!! (3:10) It's just amazing how confusing and convoluted this process is. I've watch several videos that seem to somewhat contradict each other. Who do you trust? Also I also agree with recessive genius: less bla, bla, bla.
How To Avoid Having A Worthless Patent:
www.forbes.com/sites/stephenkey/2018/10/11/how-to-avoid-having-a-worthless-patent/#55a3471d136f
Once again awesome advice. . I live in the UK and I've filed one, it's so easy. I think the hardest part was trying to upload my specs and drawing. The USTPO has guide lines on which programs to use for writing these. Their website can be fiddly but it's not too bad . keep up the amazing work you're doing.
Thank you for sharing your experience with us, Steve!
Hello Steve,
I have a few questions regarding PPA drawings. Did you use software? if yes which? Did you just drew on paper and scan it? Do you use a certain technique? I know that there are no formal requirements for a PPA drawing, but what should I be mindful of?
And what about the line drawings for a PPA in terms of naming of the components of my invention? Should it just be a one to one correspondence with all the components mentioned in my PPA? What about lack of material like a hole or a notch mentioned in the PPA, which may be an important part of the invention, should that be described in the drawing description?
Thank you very much.
Steve Cranna
Hi !
I am a project developer living in UK and I have a great Idea with a huge benefits for the market of an very common product that are currently on sale in the Entire While World Market !
My idea it is unique doesn't currently exist on the Market I have the Prototype of it it's easy for production at a low cost with a huge benefits for the market as my invention and ideas need to be Licensed !
From where can I get an protection PPA at a price of £65 for my product ?
Looking forward to your replay,
Many thanks.
I think what would help most of us is less blah, blah, blah and more like an actual list of what is included in a ppa. Especially the forms.
1. Sb 16
2. Fee transmittal?
3. Proof of micro entity?
4. Guts of ppa. Back ground, description, field of invention, pictures, drawings, claims, summary, etc.
5. Check, who to make it out to
That would help alot. Thanks
Check out SmartIP, our program for writing provisional patent applications: www.inventright.com/what-we-offer/smartip-offer
Amy Jo and Andrew always get to the point and are really terrific. It's Stephen who rambles. I used to find it really annoying, until I read his book. I have an entirely different impression of him now. I think I have a hard time listening to his rambling for the same reason he can't seem to not do it. LOL. Creative minds....If it weren't him for him none of us would have access to all that InventRight offers! He's kind of brilliant.
@@inventRight why is your site 99$ and the video saying 65$
I used the program they offer.its easy to understand but it was through this program that it was denied.because of some lack of information.im not sure what I did wrong and wasn't able to ask anyone why either.im sure it works but it did not work for me atleast.
I like a Comment Les Brown once said. "When I stood Up to Speak, My Brain sat down" I'm sure a lot of us feel that way! But we have to push pass this Obstacle...
How to write a provisional patent application that has value in the marketplace: www.forbes.com/sites/stephenkey/2018/03/31/how-to-write-a-provisional-patent-application-that-has-value/#918211552700
I think this is my biggest concern, I’m just worried I may not complete it properly. I don’t want to leave any holes in it. I’ll be going through your book again, which was a great book. I just wish there was more people out there writing about this.
Patent it yourself" David pressman, by nolo press is what you need, i used it now have a provisional patent.
"Patent it Yourself" is a great resource. Thank you for the kind words about "Sell Your Ideas With or Without a Patent."
@@gonzooznog8986 Nobody has a provisional patent. There is no such thing. You have filed a provisional application for a patent. Not a patent.
I found it on your PPA common question segment, with Atty; Jack Ward.
One final question. I'm ready to start the process of writing my PPA, but the reason I've been a bit slow to start is because my invention falls along the lines of a redesigned doll line for a toy company. It's more about the branding style and the concept behind it. I'm describing an idea essentially. The patterns, colors ,logos and tag line. I'm not sure what the average invent right student is trying to license , but they seem to be geared more toward the physical invention of a tool or handy item. I have examples of the accessories as well as an extra item to sell inside the boxes to help advertise for the company on the go. I feel like my idea is more about the idea than the actual product? I have designed the outfits to go with the logo and tag line. I feel like if I can just get them to see it they will say "Duh. no brainer why aren't we already capitalizing on this."
You’ve mentioned that licensing deals should be done not directly with the inventor but with an LLC that the inventor has registered (for liability reasons). When filing a PPA, should the same caution be made to where the PPA is submitted in the LLC’s name listing the inventor as that LLC or for the PPA it is safe to just register it in the inventor’s name and when it’s time to make the utility patent then at that time make the appropriate ownership on it?
There are many ways to carve that pumpkin. Your patent attorney can help guide you on these and other questions about LLC trade-offs. An inventor can capitalize an LLC with his or her copyrights, inventions and patent portfolio and then authorize (manage) the LLC to license those rights to others and to hire the necessary legal counsel. An LLC (or other juristic entity) cannot prosecute a patent application without a patent practitioner. A sole proprietor can. An LLC also cannot be named as an inventor. A PPA doesn't require an inventor's declaration or claims, but the cover sheet should name at least some of the inventors for materials that mature into actual issued claims.
Would you recommend a prototype or a 3D CAD demonstration when trying to license your agreement ?
Since the PPA is only for 1 year, what stops a company from just waiting out the year and then go ahead and use the concept?
You can extend it for another year and half
Or to try selling it to some other company
You can renew
You have to realize that a PPA has no enforceable rights on its own. You can file another copy or an improved version of your PPA at any time but only claim those that are not over 12 months old when you file a utility patent application claiming priority from the ones you choose to reference. Like they said at 8:50 in the video, file another one. An NDA might be useful to try to stop them from using your ideas before you get a license. Absent that, anyone can take your PPA invention and make or sell them without your permission anywhere in the world and there is nothing you can do (legally) to stop them.
The PPA is to hold a place for one year and then you are supposed to file the actual Non-Provisional Patent app. The PPA just secures a place saying you made the invention and now can say "patent pending" and try to sell, license, fix any imperfections, tell others about it, etc.
Because I have invented a device and gone through many iterations of improved successful embodiments before arriving at what I am now satisfied is the best and most novel of all, I have a multitude of drawings I intend to include in my current provisional. On my previous utility patents, every little part of each drawing was identified by a reference number incorporated into the detailed description. To be useful in the provisional, must I add similar detailed reference numbers to each and every drawing? Or would it be sufficient to provide such detailed reference numbers only for the best preferred embodiment, and then rely on text in the description and drawings without reference numbers to discuss the very similar figures showing variants included in the application primarily as defense against potential workarounds?
I am well able to annotate each and every drawing, but it will take a long time. I am confident that one "skilled in the art" would absolutely understand the drawings of alternates without reference numbers, as both the text and the alternate's relationship to the similar element of the preferred embodiment that performs the same function are very clear. I am otherwise close to filing and will slog through addition of the reference numbers if it would in any way weaken the provisional to omit them. Aside from the question of these reference numbers, my provisional is prepared so as to be directly convertible to a utility patent, pending further prior art that I might discover in the 12 month pendancy period that could alter claims. Can I skip the reference numbers for now?
knew you guys from your amazin content but did not know damon Kali, i ve been on analysis paralysis fear your name it mode and this is giving me courage, hes so right i am stuck but if someone asks me about my inventions he ll be stuck hearing me talk about it for more than an hour haha
Hello, guys at InventRight. Thank you for encouraging and guiding upcoming inventors. I hope to one day be your student or work with you in some way. I have many ideas that I know will become successful products and watching your videos help me sharpen my inventing skills each time. I don't know if you have a video about the ins and outs of the phone app industry. I have a very big idea about an app for the healthcare industry and would love guidance into how to bring it to fruition. All help is appreciated.
Hi, all your videos are very good & encouraging. I am from India, can I file provisional patent in US PTO? or is there any separate application procedure for non-US applicant.
Thanks.
You can file a provisional patent application in the U.S. from anywhere in the world! Thanks for watching.
If you are from India, you must first obtain permission to file in the US from your government. It is simple to do, but critical in your path to filing in the US.
Should you approach Open Innovators companies first without PPA or just file a PPA first? And thanks for the videos and information always!
I have a prototype ready to go. I want to send it to a manufacturer who can help me make adjustments and improvements. Do I need to worry about the manufacturer taking my idea or will the PPA protect me from that? And what happens after a year goes by?
Good questions. We would like to help you bring your invention to market. Please contact us: inventright.com/contact
Filing a PPA gives you no legal protection whatsoever.
Once I have a PPA, Then I can sell this Idea/ invention to a company alike to this item So that they can carry the ball and then pay me??Royalties??
That's the idea!
After you come up with a great idea, and finally got a PPA, would you require a prototype before trying to hand the idea off to someone else? I’m trying to figure out how you would sell an idea, or find customers without a prototype?
You don't need a prototype, just the drawings but the prototype would help sell the idea. If you decide to build a prototype then wait to file the PPA until it is built because the PPA expires in a year and a full patent needs to be filed within the years time. I am thinking it is best to have the buyer of the idea pay for the full patent which can be costly.
THIS IS WHAT I WANT TO DO TOO! Any updates????? Anyone have success?
@@inventRight Im guessing companies look at PPA's for something good , is that right ? Thank you
@3:40 "Enablement, that someone can read your provisional patent application..." WTF??? I thought no one but the USPTO saw it.
I loved it when the teacher said, “Pop quiz” and we got to write an essay.
Great videos , luckily I was a good pen & ink draughtsman before CAD horrible computer drawing , I willl draw my inventiins with alacrity, if you cant draw it , it wont work
very helpful and encouraging
Just curious. What has Damon invented. It's always fun see the results of the experts on your videos.
I have a tool accessory idea. Actually have a 3D printed prototype that works well. However, I also have four variation ideas for this accessory. None of them are much different from the original, but certainly change the scope of its function. Should I file a single PPA with the different variations listed on that one, or should I file a separate PPA for each of the variations (5 total)?
The PPA basically establishes a Start Date which can be referred back to when you submit the actual patent application, essentially saying that the actual patent application STARTED at that Start date. But suppose the year goes by and you haven't submitted the related actual patent application? It means that you lose that Start Date. But you can eventually still submit, at some later date, an actual patent application, but it just means that the effective Start Date for the patent application is that date when you submit the actual patent application. All you're losing is that "reserved" Start Date of the provisional patent application. RIGHT?
Also, if you do indeed fail to apply for the related actual patent within the one-year time frame of the provisional, isn't it possible to simply file the same (or maybe modified) provisional patent application AGAIN? And all it really means is that you have a new Start Date, and yet another year, in which to file the actual patent application?
I would always ask a patent attorney just to make sure you’re doing all the right things.
How about the coverage, like how does this protect my work?
It provides no protection whatsoever. It only gives you a year in which to decide whether to file a non-provisional application claiming the invention disclosed in your PPA. You only get enforceable patent rights from an ISSUED patent.
Hello.. I have an engineer helping me work on my design do I have to include their names on my provisional patent application
Yes, if they provide any material contributions to any part of the invention to be claimed in your later utility patent. In theory, the invention would be presumed to be jointly owned unless otherwise agreed, and thus all inventors are "equal" in the eyes of the USPTO.
each add on page to be filed costs another 65 USD? 10 improvements therefore 650 USD?
No, that's not how it works. There is no "added pages fee:" for a provisional application until it reaches 100 pages.
Can you give more detailed info about my rights after I file a PPA? Can someone steal my idea? Or can someone else do some little adjustments and file their own PPA's or full Patent file? I am afraid to file a PPA , because I dunno my rights .
Hi Meran. Nothing is black or white about intellectual property - it's all about how you use it to further your business goals. Here are some resources about protecting yourself to get you in the right mindset:
30 Ways to Make Sure You Actually Profit From Your Creative Ideas: www.inc.com/stephen-key/30-ways-to-protect-your-product-ideas.html
5 Things You Need to Do to Protect Your Product Idea: www.inc.com/stephen-key/5-ways-to-motivate-people-to-work-for-and-not-around-you.html
Don't Sign That Contract Yet! 17 Signs You're Working With the Wrong Company: www.inc.com/stephen-key/dont-finalize-that-contract-yet-17-signs-youre-working-with-wrong-prospect.html
Considering Crowdfunding? 16 Ways You Can Fight Back Against Copycats: www.forbes.com/sites/stephenkey/2018/01/31/considering-crowdfunding-16-ways-you-can-fight-back-against-copycats/#7b26ef6a6d9f
How to Write a Provisional Patent Application That Has Value: www.forbes.com/sites/stephenkey/2018/03/31/how-to-write-a-provisional-patent-application-that-has-value/#546e69fd5270
@@inventRight Thank you so much. I will definitely check all those links.
You lose nothing go on produce it File soon, sell it in small batches.
You get no enforceable rights with a PPA. Yes, ANYONE can steal your idea if you disclose it to them. You have to protect yourself with legal paperwork before you do that. A PPA does not do that. A CONTRACT might do that, assuming you have the money needed to sue them if they break their promises.
I find that last remark regarding filing multiple ppa misleading .
An inventor could lose his advantage of filing the ppa first if he would let the first year go by while some other competitor would file a similar ppa after him.
True, you can file sequential or overlapping PPAs for year after year, if you want. But once someone else has "the same idea", or steals yours, the value of your utility application is in serious jeopardy.
Some Patents make beautiful artwork, does anyone know if expired patent wall art is a thing?
2:30 its all of who🌚 they filed it their selves right? So they are the subject
Is the filing of the PPA the actual start of the 1 year clock, or are their other disclosures that would initiate that 1 year time line?
Stephen questions : 1. Do you give an example on one of your books , step by step , on how to write a PPA ?
2. How many years is a : Licensing Agreement or both parties agree to be ?
Hi Julio. Yes - the book you need is "Sell Your Ideas With or Without a Patent." www.amazon.com/Sell-Your-Ideas-Without-Patent/dp/1507885733/
Typically, the life of the product, but it all comes down to how you negotiate - and renegotiate.
hreat information. i have a question. i hear "utility patent" but what about design patents? what is the process to successfully license a type of hat that does not exist in the market
That's a great question. We'll do a video on the topic of design patents. Thank you for watching!
inventRightTV YOU ROCK!
can you extend the ppa after a year?
That is a great question John!
We have a video about what to do when your provisional patent is about to expire: ruclips.net/video/fwGHFG9beXI/видео.html. There is also an article about this topic on Stephen's column at Inc. www.inc.com/stephen-key/what-to-do-when-your-provisional-patent-application-is-about-to-expire.html.
Hope you find those useful!
No you cannot. You can convert it into a nonprovisional or you can file a nonprovisional and use the provisional as the basis for the non.
@@dfeb101 You can refile your PPA at any time. You can only cite a PPA that was filed up to 1 year prior. You can file 25 provisionals and then reference the ones that are not over a year old.
Hello, thank for the information.
If I patented one idea in USA.
Is that a protected in China for example?
No. Every country has its own patent system.
Thanks guys!
great information
Key words to know : Affirmative Disclosure Statement
MY WHOLE LIFE I HAVE NOT SEEN AN IDEA THAT I HAVE THOUGHT OF. AFTER WATCHING YOUR VIDEOS, I WAS PROMPTED TO DO A SIMPLE SEARCH ON THE INTERNET AND THERE IT WAS AND SELLING ON AMAZON! BUT I NOTICED THAT IT SEEMES TO BE HOMEMADE. SHOULD I STILL FILE A PPA? HOW DO I KNOW IF THEY HAVE FILED ONE ON THIS IDEA OR NOT?
damn patent attorney nailed me to the wall, I can invent all day, and I have my ideas so fully developed with every aspect of a idea. I can talk about them for hours, and will come up with ideas for a new whole idea as I am talking about one. but writing all this for every idea I have, would take ten life times. it takes me 3 months to write a provisional . i truly just need a patent attorney wife, or a job interview with Google to be a think tank inventor. I have been writing my ideas down since I was 12 , now 34 have only wrote 6 provisional patents but never filed them because I need the right partners in my life. I feel selfish for not doing them. I could definitely make the world a better place. I even have one idea that would save millions of gallons of water a year. it's impossible to get a interview with any company that I have the talent for without a college degree. if you have any advise on what I should do it would be well appreciated? it's hard to create something from nothing , and collapse wave form. i need to have the funds to put my skeleton team together and invent freely. I just need a base hit to invest in myself . The cause and affect of that would hopefully be create millions of jobs. case and point of this rant, is it am tired of talking about it , and need to be about it.
The world needs to know about your ideas!
Fiverr may be your solution
Patent it" a book. Y david pressman Nolo press.
Maybe if you go ahead and file one or more of your provisional applications it will start a fire under you to get the financing or other documents in place to proceed with filing utility applications for one or more inventions.
@@ElieAnquetil Fiverr undersells their designers' & inventors' work to lowest common denominator. Why do that to yourself?
Thanks guys, you rock!
Thank you for watching Michelle!
A ppa is scary without a team if it's a big idea?
I had a PPA just to pitch to one company, but didn’t get anywhere. I’ve now made a few changes, can I get another PPA?
Inventing is a numbers game. It's very rare to license to the first company you approach. Here's what to do when your PPA is about to expire or has expired: www.inc.com/stephen-key/what-to-do-when-your-provisional-patent-application-is-about-to-expire.html
Yes you can!
You don't "get" a PPA. You file a PPA, giving you up to a year to claim that invention in a utility patent application. You can file as many PPAs as you want to, year after year, as long as you don't disclose, sell or use your invention publicly (which could terminate your rights to claim the invention).
I have filled PPA. How about if somebody else files same project with complete detail after me. He also fills forms to get it done quickly. Who would be considered first inventor of that product.
This is a great question for a patent attorney.
Can you file a PPA for a similar product of patent that was filed 10 years ago? In other words, the newer product has the same function but doesn't require electricity and isn't as complex.
Possibly! Prior art exists for all ideas. It's all about whether you can carve out a significant enough difference. That said, it's worth taking some time to think about how PPAs fit into your overall go-to-market strategy. Have you read inventRight cofounder Stephen Key's book about intellectual property, Sell Your Ideas With or Without a Patent? Thanks for watching!
The goal of a PPA is to reserve your right to a patentable invention that is "new and non-obvious" in light of EVERYTHING ever published about similar inventions at the time you file your PPA. Since 10,000 more documents may be published THIS year, you need to get ahead of what your competitors are doing, one way or another (not always with patents).
Thanks for the video! As I'm following your videos on filing a provisional patent application, I am wondering if we need to turn in a "proof" of micro entity for the low price we paid for provisional patent application ($70). Can you please advise?
That is a good question for the United States Patent and Trademark Office - they will be happy to help you.
It's $75 now (Dec 2020) and there are rules about questioning an applicant's assertion of micro-entity status at any time during the provisional or utility application process or maintenance of the full 20-year validity (if you get that far).
What’s your thought on using Fivver, up work for creating your cad design ?? Please help
Those sites can be helpful in finding freelancers for sure. Here are 5 guidelines to get the most out of working with freelancers: www.inventright.com/index.php/component/k2/5-guidelines-to-get-the-most-out-of-working-with-freelancers
@@inventRight Thank you!!
Another great video guys thank you for your work. I have a PPA filed now, should I be afraid to send my product information (sell sheet, video) to a company that accepts ideas which is located in Canada? I am in U.S.
We're going to pose this question to patent attorney Damon Kali for comment. Thank you for watching.
Good question Rich. Your PPA is not effective in Canada, so you are correct in worrying about this. There are several ways that you might approach this. One is to ask the Canadian company to sign an NDA. You'll need to consult with a Canadian attorney to determine what can and cannot be included in an NDA and how effective the NDA is. Another is to make a filing in Canada that covers the same subject matter as your PPA. Still another is, before your PPA expires, file a PCT application claiming priority to your PPA that will give you 18 months before you have to make a Canadian filing. Be advised that these strategies require careful review of your PPA to make sure you comply with all relevant rules. I can't be more specific since I don't know your exact factual situation.
does a provisional patent help protect your design. asked another way, is it possible to file a design patent at a later date while being protected by a provisional patent?
There is no provisional patent application for a design -- only for a utility invention. Also, there is no such thing as a "provisional patent".
I appreciate your informative video. I am from Ireland and I want to lodge a provisional patent in the US. Is there any restrictions on a person outside the US applying for a provisional patent ?
You can file a provisional patent application from Ireland. Visit www.uspto.gov/.
what is the average time form the moment you file your PPA to get a licensing deal?
It all depends on how quickly you get in touch with potential licensees (companies) about your idea and how great of a fit it is! Could be the next day, could be within weeks, could be months, could be years. Thank you for watching.
Signs Your Patent Attorney Does Not Have Your Best Interests In Mind:
www.forbes.com/sites/stephenkey/2018/10/30/signs-your-patent-attorney-does-not-have-your-best-interests-in-mind/#325aeb8c3b0a
Does a provisional patent really protect the idea? I mean in the sense that we can claim ownership of the idea in case anyone else comes up with that idea later on?
Hi Shayan. Please know that we are not attorneys and thus are not giving legal advice. The intellectual property you file should be one component of your strategy for protecting (and profiting from) your creativity. Yes, you can license an idea with a PPA alone. Our students do every week! You can convert a PPA into a patent later on, and possibly get your licensee to pay for it. For more on protecting your ideas, read Stephen's article "30 Ways to Make Sure You Profit From Your Creativity" www.inc.com/stephen-key/30-ways-to-protect-your-product-ideas.html
It is not a patent. It is a provisional application for a patent you have to file within a year. A patent has enforceable rights once it's issued (which can be years away). A provisional application has no enforceable rights of its own, but could certainly be used as the basis for licensing or other agreements, which ARE enforceable, whether or not a utility patent is EVER issued for your invention.
Guys, great info, quick qestion, are provisional patents only available for utility patents and NOT design patents?
Yes!
Yes, and it's not a "provisional patent"; it's a provisional APPLICATION for a patent. Only after a patent is issued does it become enforceable. A PPA is not a patent of any sort.
I'm still lost here, i need to know, in layman's terms, what to do after, i pay the $65.00, & fill out the paperwork, for example, who to contact to get a patent, & then who do i contact after "i get the patent" if i get a patent & who do i contact to try to get this item built, & then who do i contact that i can trust to market it,, I've been struggling with this idea, that i know would sell like hotcakes, i just don't know where to start, who can i trust & how to get it out there
You don't "get a patent" when you file a provisional application. You only get a patent after filing a utility application, paying to have your invention searched and the application examined, deal with any rejections and get it issued, usually after one or more amendments to your claims. In the meanwhile, you should click on some of their other great videos about licensing.
Question , so I go search for my patent , and web crawlers from some crooks site - grabs what I am searching for and tries to beat me to the patent ??
That is unlikely. Execution > ideas.
If they didn't invent what they claim in their patent application, then it could be void for fraud, not to mention a federal perjury crime. It's pretty unlikely, unless they're going to rip you off in some other country that doesn't rigorously protect intellectual property rights
the patent proces status right now is
New case ready to Examiner in GAU
what means that
how long does it take till i get the patent for the invention or rejection?
This is a good question for the patent office.
+inventRightTV can't you not answer to this?
It's not clear what patent office you're referring to or what you mean.
+inventRightTV ok thanks anyway
Hey Guys, Thanks for your very helpful knowledge and experience. As Stephen mention in another article;
"Publicly disclosing your invention can prevent you from obtaining a patent later on". At what stage(s) should you avoid disclosure?. I was hoping to start to use and or sell my idea after I file my PPA.Is that ok?
I looked for the question elsewhere but could not find it. Thanks in advance guys.
Hi Shaun. The simplest answer is don't share your idea before you've filed some protection. Beyond that, you get into strategy. Consult an attorney for more legal advice.
Once you disclose your invention the information can be used by your competitors unless you take steps to prevent that. Filing of a PPA, by itself, gives you no enforceable rights whatsoever. It merely preserves your right to file a patent application for that invention up to a year later, if you so choose, without losing your "priority of invention" to intervening applicants.
so is a "provisional application" initially only tantamount to a "design" patent? The utility application should be filed within that first year to cement the whole thing somehow? And if that's the case, is the initial provisional application, or design application, enough to reserve the claim for oneself prior to the utility application??
Provisional patent applications are for utility patents.
Design patents are for protecting the ornamental shape or appearance of something, not how it functions under a utility patent. Provisional applications are not available for design patents. A given product may have both design and utility patents (not to mention trademarks, copyrights and trade secrets).
I have a question on design patents. I know this is somewhat different. Is there such a thing as a provisional design patent? I have various designs I would like to get patented through a provisional, but maybe I'm not looking in the right spot. If you have any suggestions, it would be much appreciated! My designs are done, I just need to file the patent, then pitch it, market it or sell it. Thank you.
Tyler, unfortunately not. Here is more context on design patents and licensing: www.inc.com/stephen-key/how-to-license-a-design-patent.html
The basic filing fee for a design patent is less than the fee for a provisional, which only applies to a utility invention.
@@UpnorthHere Do you know the average cost? Can I submit a national design patent? State or regional design patent? If there are answers to my questions, how long does it take to finalize the progress, getting done faster? I'm also wondering, I can't find a reliable source, but can I license the design and get royalties off of the designs?
is my invention protected with PPA ? to my knowledge is not could you give more info on that , thanks
A provisional patent application is a tool you can use to help you license your produce idea. More about what provisional patent applications can do: www.forbes.com/sites/stephenkey/2018/01/08/dont-file-that-patent-yet-file-a-provisional-patent-application-first/#7013bfe57fe0
No, a PPA has no enforceable rights. Only an issued patent or an executed contract can provide enforceable rights.
Excuse me I would like to know what companies you can refer me to I have and idea for women products(pads). and I don’t have to get a patent for this kind of product do I?
If you are looking for a list of companies looking for ideas, check out inventleaders.org
Hey guys, love your work and your videos. I have a question about ppa's. I am in Canada and have multiple idea's but am not sure where to file my ppa. Does it matter if I file in Canada or USA. Also can I even file in USA and If I file in 1 or the other does that mean I am only protected in that country?
You can file in the United States from anywhere in the world! You are protected in the country you file in. You can extend your PPA and file in other countries later on if need be. Glad our videos on inventing and licensing have been helpful to you!
Sir can u please tell me any toothbrush company who can see my idea of toothbrush in India.
We have a list of companies looking for ideas on our website: www.inventright.com/companies-looking-for-ideas.
thankyou sir
I wish I found this sight years ago.
Hello everyone.i try to make a provisional patent and it was denied.i played my 75 dollar fee and about 2 months later I got a letter saying it was decline and they wanted a whole lot more information.there are 2 options.one I think was 65 and the other 75.i dont remember why but you have two options on pricing.atleast when I did this 2 years ago.
Interesting. Was there any explanation explaining why it was rejected? So much for all these "experts" telling us that PPAs aren't reviewed just time stamped and filed.
@@P272-e9k It's reviewed for filing compliance, not examined for patentability. Similarly, someone files to register a copyright and it has to meet their objective filing rules, but they have no way to know who actually wrote it or whether it's enforceable.
Do you need claims in a PPA?
I bought your two books Stephen. Some people says you need it. I am ready to send mine expect for the claim. Thks
Stephen's book "Sell Your Ideas With or Without a Patent" describes what to include in a provisional patent application. We also have a program called SmartIP that can help: www.inventright.com/what-we-offer/smartip-offer
Thank you for reading and watching.
Provisional applications are not required to have any claims, but it doesn't hurt.
Where do I find the PPA application online? I have been on the USPTO website.
The information you need to file a provisional patent application with the USPTO can be found here: www.uspto.gov/patents-getting-started/patent-basics/types-patent-applications/provisional-application-patent
If you're looking for help, consider our program SmartIP: www.inventright.com/what-we-offer/smartip-offer
A provisional application is "free form" and only needs a cover sheet and a few other admin forms. www.uspto.gov/patent/patents-forms
No links to your guest?
You can reach Damon here: www.kali-law.com/profile_DKIK.htm
Thanks for watching.
Hey, Love your shows :) One question. Can I apply for a Worldwide PPA The reason being I don't think one country PPA will cut it !
Regards, Peter.
Thanks for watching! You can transform a PPA into an international application later on if you so choose. Please consult an attorney for legal advice, as we are not attorneys.
The USA is a rare bird in the availability of the PPA. Other countries offer "preliminary filings" that are very low cost filing fees, but you're "stuck" with the content of the application as you originally filed it, like filing a utility application in the USA.
Would an idea or concept for a Website be a patent, trademark, or copy write issue.
What does the website do? You might use all those kinds of IP.
A website contains creative works of original authorship (images, literature, software) automatically protected by copyright law. It may also have trademarks or service marks related to goods or services. It may also contain patented designs or utility inventions (the "one-click" feature of Amazon was patented). Note that copyright does NOT protect any ideas, concepts, discoveries, methods or inventions -- only the creative work describing or showing them.
I appreciate it
Hi guys,
Informative vid as always 👍
I have filed 3 provisionals so far, but have filed them in uk (I am from uk). I based this on my own presumption that if any company takes on my idea, then priority can be taken from the uk application, which costs £0. Am I right in my presumption?
Fran Barker Has any of them become a full patent? Has it expired as in been filed more than 1 year?
Cosmo John the first patent I filed I managed to get through to fully granted in UK myself (not using a patent attorney), but didn't file anywhere else due to costs (I hadn't come across Inventright videos and their methods at that point). The 2nd one is an improvement on the first and nearly ran out of the 1 year priority due to the company interested dragging their feet for months and months! When we finally couldn't come to an arrangement, I just retracted the 2nd one at the UK patent office and immediately re-filed it so that it 'reset the 1 year clock' so to speak. I have since found another company that is interested so if they do end up taking it on and they want to file elsewhere using the UK priority date, they can.
Fran Barker Will patent office employees with access to the PPA they deem having market value copy ideas in PPA even though they are not supposed to have examined it? In other words, is there such a Risk?
Cosmo John I doubt it very much as it would totally undermine the whole patent system! I've never heard of this happening and don't think it's something worth worrying about.
At the end of the day, you can worry till the cows come about people stealing your ideas. There are no guarantees in life, but one thing that you can guarantee is that if you don't take action and start getting your ideas out there, you will have zero chance of licensing an idea!
Fran Barker Thanks. Thats very encouraging. I appreciate it.
Hey StephenHow good is a patent if you cant defend it because a lack of funds?
Great question. Not very. If you license the idea, your licensee may step up to the plate to help defend your IP, which was what happened to Josh Malone of Bunch o Balloons: www.inc.com/stephen-key/an-unexpected-benefit-of-licensing-a-product-idea.html.
Jules Oille You have seen the flaws in the legal system which favors the rich. Bernie Sanders is on to something
I'd Like to know where or what website to go to to file a PPA for 65.00, please tell me.
Hello Swoops!
You can file a US PPA through the website of the United States Patent and Trademark Office. www.uspto.gov.
To help people generate the documents and walk through the process of filing, we made Smart IP available to inventRight students, and now to everyone else as well: www.inventright.com/smartip.
Hope this helps!
Thank you for watching!
For help writing your own PPA, please consider checking out our new software SmartIP: www.inventright.com/smartip. It was created by IPWatchDog.com founder Gene Quinn!
So I just filed my first ppa, and paid the 75.00 any idea on how long it will take to get any confirmation on it being accepted or denied so I can try and pitch my idea? Sorry I'm very new to this
No one at the USPTO will read your provisional patent application. We can help guide you to the next step - please call us: +1 (800) 701-7993
Can a certain type of food have a provisional patant ?
All kinds of food recipes or processes are patented. A provisional patent application is completely optional and doesn't contain any enforceable rights on its own.
My biggest fear is submitting an incomplete application. If this happens or if the application does not meet the criteria, what happens? Would the system reject it?
Hi Keia!
The system does not check to see if the documents are written properly. If you want a more thorough description of what to put in your PPA, you can get it in "Sell Your Ideas with or without A Patent": www.amazon.com/Sell-Your-Ideas-Without-Patent/dp/1507885733/ref=asap_bc?ie=UTF8.
SmartIp can also help you write your PPA, step by step: www.inventright.com/smartip.
Thanks for watching!
If you think of something later, you can simply file another PPA. Nobody is ever going to read your PPA in the vast majority of cases unless there is some dispute over whether you're later trying to "add new material" to your utility application that you thought was disclosed in your PPA, or there is some litigation about a conflicting application or prior art.
So I've seen there are about 20 patents similar to my idea however I've never seen any semblance of the product on the market. Is this an area you guys help a client sift through?
Absolutely. If that's the case, you need to act like a detective. Why did the product never make it to market? There's obviously a reason! You can call the owner of the patent to find out why, for example. Here's more on how to do that: www.entrepreneur.com/article/284443.
Thank you. Amazing article. Hit the nail on the head. As a client is complete patent research part of what is offered?
inventRightTV Hi Sir, is there a standard way to contact the inventor?
Thank you!
can you resubmit the same provisional patent again the next year and the next ??
No, not exactly. Check out these resources - they explain what your options are when your provisional patent application is about to expire:
ruclips.net/video/fwGHFG9beXI/видео.html
www.inc.com/stephen-key/what-to-do-when-your-provisional-patent-application-is-about-to-expire.html
kool thanks
Short answer: yes, you can. Whether it's valuable to do so depends on other factors Stephen discusses in his video (public disclosure? licensing? NDA? utility application? additional features? competitive environment?)
if I file for a provisional and later on I decide I dont want to get a noprovisional is that a bad thing or do I have to follow through with the nonprovisional
Hello John!
There is no requirement to follow a Provisional Patent Application with a non-provisional. Here are some of the options at your disposal when your PPA is about to expire: www.inc.com/stephen-key/what-to-do-when-your-provisional-patent-application-is-about-to-expire.html
Thanks for watching!
If you don't file a non-provisional claiming reference to the PPA, then the PPA eventually expires (after 16 months) and will be shredded with other confidential information in the USPTO.
what really means Docktedet new case ready to Examiner for second time for the same inventions?
Can you repeat your question please? Not sure what you are asking.
+inventRightTV
i have a patent pending invention in usa for the second time the case is gone one the Examiner desk
Where can you go to get the ppa so I can go on the right Website
Our program SmartIP can help you write your own provisional patent application: www.inventright.com/what-we-offer/smartip-offer
The official forms for cover sheet and other admin to add to your PPA are at www.uspto.gov/patent/patents-forms.
If i have several attachments that can go on my invention can I file it all on one ppa?
We have a $99 program that helps you file the best PPA possible. Check it out: inventright.com/what-we-offer/smartip-offer
"Attachments" and other versions or improvements for your invention can be described in one or more PPA and then all of them referenced in one or more of your utility applications, assuming they're not over 12 months old by then.
I just watched another video ,where it said that the cost is 125$ not 65
Depending on the size of your organization, the filing fee varies. For individuals, it is now $70. See here: www.uspto.gov/learning-and-resources/fees-and-payment/uspto-fee-schedule
I believe small entity is $125, micro entity is 70.
The costs generally go up every year or two. In 12/2020 it's $75, assuming you can certify that you meet all of the micro-entity qualifications of 37 CFR 1.29 current as of the date of filing the fees. The max is 4 times that, if you're worried about not qualifying for the discounted fees.
@@inventRight Size of organization is only one of many factors. Your personal income, combined with that of any co-inventors, is another.
Can I file a PPA in the US if I'm a foreigner and not staying in the US?
Yes. You can file a PPA in the United States from anywhere in the world: ruclips.net/video/0R6PS6YCKcA/видео.html
Thnx guys !
thanks guys
If you're looking for help with your provisional patent application, consider our program SmartIP: www.inventright.com/what-we-offer/smartip-offer
When you filing one can you then say patent pending?
After you file, yes you can say patent pending.
@@inventRight After filing a PPA you can say pat pend? ....When can "pat pend' be put on sellable products?
Where do I get a PPA from
You write it yourself and use the proper cover sheet and other admin forms in the USPTO. www.uspto.gov/patent/patents-forms
If you are filing a PPA with the US Patent and Trademark Office, notice the address bar (URL) with an orange triangle in your Firefox browser, and after clicking on the "i" next to it, you will see that the connection is not secure. As of this posting (3 March 2020), the site STILL is insecure. I did an extensive amount of research and posted the results in a report, "The gaping security hole in a US Government website", which can be found at Inventors Assistance Center at www.inventorsassistancecenter.biz/help-with-your-invention. My advice to everyone is to read this report and file elsewhere.
If You File 2 to 3 Provisional App ,Can All That Go On Your 1 None Provisional Utility Patent
Yes, you can reference numerous Provisional applications in one or more non-provisional utility applications.
Does this process apply to someone who wants to create an app?
Hi Jon Mcleod,
I attended an IP workshop in London a little while ago and asked an IP expert specifically can software be protected.
He said that software _can_ be protected but that it has the same requirements as any patent application, eg; no 'prior art', has an inventive step, is innovative, new and has a definable "technical function."
O.Rood thanks so much for the insight!
Can it be renewed after a year?
This article goes in-depth on what your options are strategically regarding provisional patent applications and the 12 months they last for: www.inc.com/stephen-key/what-to-do-when-your-provisional-patent-application-is-about-to-expire.html
There is no PPA "renewed". You simply file another PPA at any time, starting the 12-month clock on whatever is disclosed in that application. If you have multiple PPAs that are not over a year old, you can cite some or all of them in your utility patent application filed within that year.
This is the Scariest part of it all ''providing a lot of meat to the patent attorney; we have all these other variations in mind. "