Expert: George H. Morgan, P.E., Patent Agent - 8/12/2008

Question
Hi, I would like to obtain a patent on a project Iv'e  designed, I know it is an expensive and time consuming task. I just happen to be in a temporary financial rut right now. I was wondering if there was a way I could get a Patent Pending status for now just to protect my idea. Is this possible? and how much would it cost. Thank you so much.

Answer
What you want to do is file a provisional application for patent. All it takes is $105 check to the  Commissioner for Patents, a Provisional Application for Patent Cover Sheet (go to USPTO.gov  forms to pull down a copy. (Or zerox the form from "Patent It Yourself" by David Pressman, Nolo Press). Then, submit a narrative and drawings with sufficient information that anyone "reasonably skilled in the art" can build it. Send it by express mail to the address at the bottom of the Cover Sheet, Express Mail, & include a "bounce back" postcard to you to verify they got it. That is it. It is hard to screw it up. If you are a perfecionalist, read David Pressman's book for doing it exceptionally well.

Once you have received your receipt from the postal clerk, you are officially patent pending, with a priority date recognized around the world, in approx. 110 or so countries. Techinically speaking, you are "Patents pending), i.e. 110 or so.

The PAP is not an examined document. They stick it in a folder & forget about it until you refer to it in a subsequent formal application.

File the formal within the 12 months time frame of the provisional application. You only get the priority date on what you disclosed in the provisional.

I hope that helps. My web site has a considerable amount of free info.

Caution: Beware of the many scammers preying on ionventors, such as but not restricted to Davidson, Franklin Forge, IP&R, IDEA, and New Idea. My web site has an Inventors Resources page with a link to the Ron Riley scam alert page. It has many of the scammers listed with the gory details.

Best wishes on your project.

George H. Morgan
Professional Engineer
Patent Agent
web site: http://www.evansville.net/biz/patagent