Patent and Invention Help Forum

Provisional Patent Strategy Guidance

Provisional Patent Strategy Guidance
« on: January 06, 2017, 04:56:35 PM »
In the product I am developing I would like to approach a manufacturer of safety gear for children age 6 mths to 3 yrs with a novel but replicable device to help keep young children safe. My plan is to get a provisional patent established to provide one year of runway to approach manufacturers to license the idea. If licensed, I would sell rights to the provisional patent and subsequent patent.

I have a couple questions regarding this plan:
1) Is this a common strategy?
2) Does the effort to go through a provisional patent, in your opinion, provide more value to the licensor of the technology?
3) If I wanted to generate a provisional patent what have you found is the most cost effective method to put documentation together by the inventor vs. handing off details to a qualified attorney.  My preliminary patent literature search has found no similar inventions but it is certainly possible that I have not exercised the best (non google based) search methods.

Thanks!

Brad

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Re: Provisional Patent Strategy Guidance
« Reply #1 on: January 07, 2017, 07:35:11 AM »
Hi,  My reply in bold below:

1) Is this a common strategy?
Yes.  Its usually a good idea to get either the provisional or full non-provisional filed first before speaking with companies about this. 


2) Does the effort to go through a provisional patent, in your opinion, provide more value to the licensor of the technology?
Doing the provisional is certainly better than not having a patent filed but I have heard from many inventors that a big company licensor will not speak with you until you have a full patent filed (the non-provisional) that is either published or issued.

3) If I wanted to generate a provisional patent what have you found is the most cost effective method to put documentation together by the inventor vs. handing off details to a qualified attorney.  My preliminary patent literature search has found no similar inventions but it is certainly possible that I have not exercised the best (non google based) search methods.
The most important part of a provisional application on a new device/product will be having good detailed drawings or photos showing the key parts of the invention, labeling each component properly, and providing a detailed description of each component.   If you can do that this will greatly help the attorney/agent working on your case.

My free patent template: http://patentfile.org/free-provisional-patent-template/

Hire Me:  http://patentfile.org/packages/

Disclaimer: The information on this site is not legal advice and is not a substitute for an attorney or a law firm.  You should seek legal counsel for legal questions.

Re: Provisional Patent Strategy Guidance
« Reply #2 on: January 08, 2017, 10:10:24 PM »
Brad,

Thank you for the review.  Based on your advise, and continuing with my number system, I will:

1) Assemble provisional patent material. 
2) Submit the material with qualified assistance to generate a provisional patent. 
3) Solicit market interest with the product to establish (or not) a market need and TAM. 
4) Submit for a full patent if the financials from number 3 justify the expense. 

Cheers!