Legal Question in Intellectual Property in Michigan

Hi, I have invented an improvement to an existing patent. I have constructed a working prototype at home out of household items. I am now interested in filing for a provisional patent to claim my idea(s) and get protection, so that I may contact the owner of the existing patent and pitch my improvement, without worrying about him stealing my idea.

I have done some research and believe that the Provisional Patent application filing fee is $110 for a small entity, which I fit under the criteria.

Are there any other fees that I will have to pay to be awarded the provisional patent, such as patent search fees or anything else?

I understand that a Provisional Patent is only valid for 12 months, and within that time I will need to file for a Non-Provisional Patent if I wish to keep the patent, but for now I am only concerned with what it will cost me to get protection with a provsional patent, and allow me to begin pitching the idea.

The invention is very simple and straightforward, and I feel confident I can prepare the application myself w/o the extra costs for an Attorney to prepare the application.

I have experience in CAD and mechincal engeering, and have already prepared my own detailed drawings of the invention.

So basically my question is, will $110 be the only cost I will need to pay to the USTPO to be granted a Provisional Patent, gain protection on my idea/invention, and be able to claim "patent pending" status, so that I can start pitching the invention?

Thank you

Jesse


Asked on 6/13/10, 1:27 pm

2 Answers from Attorneys
Patrick Tracy Patrick J. Tracy, Esq, P.E.,

You have a very simplistic approach to your invention. I would suggest that you have a professional patent searcher complete an invention search before you proceed with anything. This will allow you to write a provisional disclosure with some certainty and in the future avoid a 102(b) rejection based on prior art or an obvious rejection based on a combination of ideas. Many people believe that they have the best widget until they do a prior art search or until they receive a rejection at the patent office that they can't overcome; whereas, if they had done the search they would have realized that someone may have tried that before.

You also may find that the original inventor has made the improvement that you have as well.

Good luck!

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Answered on 6/14/10, 11:19 am
Quinn Johnson, Esq. Johnson PC, Attorneys at Law

Generally, the U.S. Patent and Trademark Office (USPTO) filing fee for a small entity Provisional Application for Patent (PAP) is $110. It is important to note that a PAP will never become a patent, is automatically abandoned by the USPTO after 12 months, will not be searched or examined by the USPTO. Also, once a non-provisional patent application is filed corresponding to the PAP, any material which was not included in the original PAP will not be entitled to the earlier filing date.

You should consult an experienced Patent Attorney to draft and file your Provisional Application for Patent. Feel contact my office for additional details.

COMMENTS MADE HEREIN ARE NEITHER LEGAL OPINION NOR DO THEY ESTABLISH AN ATTORNEY-CLIENT RELATIONSHIP.

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Answered on 6/14/10, 4:46 pm


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