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Provisional vs Non-Provisional Patent

by Charlie

Hi,

My question is whether it is better to get a provisional patent or a regular patent ?
Secondly, to apply for one of the above do I need to have a nondisclosure agreement signed by the Attorney before even describing my idea to them ?

Regards,
Charlie

Answer:

It depends on your circumstances. If you want to get some protection for your idea very quickly, then a provisional patent is the way to go. It is also much less expensive.

Now the downside: It will only last for one year. You can only get get general protection, not specific protection. Since provisional patents are not reviewed, you don't really know if your idea is patentable.

Why would you want to use a provisional patent vs a non-provisional patent? Well you will have a year to market your idea to different companies. During that year you can proceed with an investment in the more permanent non-provisional patent.

Before you do anything, however, you need to perform a patent search. Google has a good facility for doing that. If someone else has already patented what you have in mind, then why would you waste your money?

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Mike Starkweather
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"They say that necessity is the mother of invention, and when the necessity is survival she can be one mean mother, but it's her child invention that's the real dangerous one."
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