Those new to the inventing and patent process are frequently overwhelmed and don’t know exactly where to start.  This is common and nothing to be ashamed of.  The inventing and patenting processes can be daunting and intimidating, and there are those out there who are unscrupulous actors that would tell all inventors that their ideas are wonderful and they should spend upwards of $10,000 obtaining a patent.  It is important to be careful when you first start because those who tell you what you want to hear may not be the folks you should be looking to for trustworthy advice.  Before you ever consider working with someone who tells you that they can help you both market and patent your invention you should first read about Invention Submission Companies.

The first step to protecting your invention is typically to do a patent search to determine if there are other inventions that could pose a problem for you insofar as obtaining a patent.  Assuming you have obtained a competent patent search and obtained good advice from a patent attorney or patent agent, the next step is to file a patent application. 

I recommend provisional patent applications, and for what it is worth I file provisional applications on my own inventions (yes I am an inventor too).   When done properly it provides you tremendous benefit for a reasonable price.  You will eventually need to file a nonprovisional patent application (best to think of it as a regular patent application) but the provisional application gives you benefits.  A provisional application will freeze in place your filing date for 12 months, which means that when you later file a nonprovisional patent application it will be entitled to the filing date of your provisional application, at least with respect to whatever you disclose in the provisional application.  So if you do a conscientious job describing your invention in the provisional a later filed nonprovisional application, which will hopefully ultimately mature into an issued utility patent, will be entitled to be considered filed as of the provisional filing date.

An early filing date is important because it prevents what others do after you file from becoming prior art.  So when the Patent Office gets around to reviewing your invention those things that come after your provisional filing date cannot be used against you to prevent the issuance of a patent.  Another benefit of a provisional patent application is that it can be used to conclusively prove that you were in possession of your invention at the time of its filing.  This is important because the US is a first to invent country, meaning the person who invents first is entitled to the patent if sufficient proof can be provided to demonstrate that you are the first inventor.  So having a US Patent Office filing date for a provisional application can be an important piece of evidence to demonstrate your invention date is at least no later than its filing date.  So you get “patent pending” status immediately upon filing a provisional patent, you have locked in your priority filing date and you have 12 months to work on your invention to see whether it will ultimately make sense to move forward with the time and expense of filing a nonprovisional patent application.

In terms of the cost associated with a nonprovisional patent application, that is really tough to estimate without knowing a good deal about the invention.  But when someone uses my firm to create a provisional patent application and then ultimately wants a nonprovisional the amount spent on the provisional patent application is credited toward the cost of the nonprovisional application.

During this 12 months you can tell folks that you have a patent pending, and since your application has been filed you can sell the invention and tell others about the invention without worrying about compromising your patent rights.  It is always best to get a confidentiality agreement when you talk to others about your invention, but once you have a provisional patent application filed it is less important.

So during the 12 month period that the provisional patent application is pending you then move forward with trying to contact those who could manufacture your invention, those who may be able to help you sell the invention or get it placed in stores and you might consider starting a business to move forward.  You can also see if there is interest on the part of anyone to acquire your patent rights.  Truthfully, selling patent rights to a provisional application is not that common, although trying is common.  Trying won’t hurt, but if your ambition is to sell the rights you are probably far better off getting a patent and selling the patent.