Invention protection

Want to get your idea filed with the U.S. Patent Office but don’t have the wherewithal to file a regular application ?  Consider filing a provisional patent application (PPA).   Unlike a regular application, you only need to provide a complete description of the invention (structure and operation) and any drawings necessary to understand the description.   And if you’re an individual, non-profit or small business the fee is only $110.

You must however, file a regular patent application to ultimately get patent protection. If your PPA adequately discloses the invention and you file a regular application, with an amendment referencing the PPA, the PPA filing date serves as the date of your invention. Assuming your patent is granted, you’ll get 20-years of protection from the date of the regular filing.  In any case, you must file for a patent within 1-year of the invention’s use.   In the meantime, you won’t be able to stop other companies from using your idea until a patent is granted.  Until it is, its best to have anyone you show it to sign a confidentially agreement.

Properly protecting your idea can be a tricky endeavor.  You may want to consult an attorney or pick up a copy of Patent It Yourself, 13th Edition at your local library.

This entry was posted on Thursday, September 10th, 2009 at 4:37 pm and is filed under Patents and trademarks. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.