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Afraid to File a Provisional Patent Application? Don't Be!
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Күн бұрынIn this video, inventRight cofounders Stephen Key and Andrew Krauss discuss how to file a provisional patent application with patent attorney Damon Kali. Can you file your own PPA? How much will it cost? Filing a PPA is easier and much cheaper than you might imagine! Let us show you how.
Disclaimer: The views and opinions expressed here are solely for educational purposes and should not be construed as specific legal advice as specific legal advice is highly fact dependent. For specific legal advice, the viewer should retain competent legal counsel. In addition, the views and opinions expressed here do not represent the positions or policies of the United States Patent and Trademark Office.
inventRight is a one-on-one coaching program that has helped people from more than 40 countries license their ideas for new products. It was founded by Andrew Krauss and Stephen Key in 2001. Visit www.inventright... for more information and to become their student.
Call #1-800-701-7993 to set up an appointment with Andrew or another member of the inventRight team to discuss how we can help you license your ideas.
New to licensing? Read inventRight cofounder Stephen Key’s bestselling book “One Simple Idea: Turn Your Dreams Into a Licensing Goldmine While Letting Others Do the Work.” Find it here: amzn.to/1LGotjB.
Want to learn how to license your product ideas without a patent? Stephen's book “Sell Your Ideas With or Without a Patent” explains exactly how. Find it here: amzn.to/1T1dOU2.
inventRight, LLC. is not a law firm and does not provide legal, patent, trademark, or copyright advice. Please exercise caution when evaluating any information, including but not limited to business opportunities; links to news stories; links to services, products, or other websites. No endorsements are issued by inventRight, LLC., expressed or implied. Depiction of any trademarks/logos does not represent endorsement of inventRight, LLC, its services, or products by the trademark owner. All trademarks are registered trademarks of their respective companies.
@johnferrellesq. Жыл бұрын
More great InventRight content. Another great appearance and solid advice from Damon Kali: "just sit down and tell your story in your own words". Love the intro music. Good stuff, Guys!
@inventRight Жыл бұрын
Thank you John. This video is old!
@nouveau53 5 жыл бұрын
Damon Kali hit it the nail on the head when he "confessed" about the overwhelming legal jargon being necessary in order to justify lawers jobs. !!! (3:10) It's just amazing how confusing and convoluted this process is. I've watch several videos that seem to somewhat contradict each other. Who do you trust? Also I also agree with recessive genius: less bla, bla, bla.
@recessivegenius6630 5 жыл бұрын
I think what would help most of us is less blah, blah, blah and more like an actual list of what is included in a ppa. Especially the forms. 1. Sb 16 2. Fee transmittal? 3. Proof of micro entity? 4. Guts of ppa. Back ground, description, field of invention, pictures, drawings, claims, summary, etc. 5. Check, who to make it out to That would help alot. Thanks
@inventRight 5 жыл бұрын
Check out SmartIP, our program for writing provisional patent applications: www.inventright.com/what-we-offer/smartip-offer
@sjane7229 5 жыл бұрын
Amy Jo and Andrew always get to the point and are really terrific. It's Stephen who rambles. I used to find it really annoying, until I read his book. I have an entirely different impression of him now. I think I have a hard time listening to his rambling for the same reason he can't seem to not do it. LOL. Creative minds....If it weren't him for him none of us would have access to all that InventRight offers! He's kind of brilliant.
@ronron26ny 4 жыл бұрын
@@inventRight why is your site 99$ and the video saying 65$
@osukais1 4 жыл бұрын
I used the program they offer.its easy to understand but it was through this program that it was denied.because of some lack of information.im not sure what I did wrong and wasn't able to ask anyone why either.im sure it works but it did not work for me atleast.
@cranna31 7 жыл бұрын
Once again awesome advice. . I live in the UK and I've filed one, it's so easy. I think the hardest part was trying to upload my specs and drawing. The USTPO has guide lines on which programs to use for writing these. Their website can be fiddly but it's not too bad . keep up the amazing work you're doing.
@inventRight 7 жыл бұрын
Thank you for sharing your experience with us, Steve!
@chiptuneanimation4492 6 жыл бұрын
Hello Steve, I have a few questions regarding PPA drawings. Did you use software? if yes which? Did you just drew on paper and scan it? Do you use a certain technique? I know that there are no formal requirements for a PPA drawing, but what should I be mindful of? And what about the line drawings for a PPA in terms of naming of the components of my invention? Should it just be a one to one correspondence with all the components mentioned in my PPA? What about lack of material like a hole or a notch mentioned in the PPA, which may be an important part of the invention, should that be described in the drawing description? Thank you very much.
@ht-infofacts2050 6 жыл бұрын
Steve Cranna Hi ! I am a project developer living in UK and I have a great Idea with a huge benefits for the market of an very common product that are currently on sale in the Entire While World Market ! My idea it is unique doesn't currently exist on the Market I have the Prototype of it it's easy for production at a low cost with a huge benefits for the market as my invention and ideas need to be Licensed ! From where can I get an protection PPA at a price of £65 for my product ? Looking forward to your replay, Many thanks.
@jessemgodinesjr 5 жыл бұрын
I like a Comment Les Brown once said. "When I stood Up to Speak, My Brain sat down" I'm sure a lot of us feel that way! But we have to push pass this Obstacle...
@inventRight 5 жыл бұрын
How To Avoid Having A Worthless Patent: www.forbes.com/sites/stephenkey/2018/10/11/how-to-avoid-having-a-worthless-patent/#55a3471d136f
@healthmann 5 жыл бұрын
I think this is my biggest concern, I’m just worried I may not complete it properly. I don’t want to leave any holes in it. I’ll be going through your book again, which was a great book. I just wish there was more people out there writing about this.
@gonzooznog8986 5 жыл бұрын
Patent it yourself" David pressman, by nolo press is what you need, i used it now have a provisional patent.
@inventRight 5 жыл бұрын
"Patent it Yourself" is a great resource. Thank you for the kind words about "Sell Your Ideas With or Without a Patent."
@UpnorthHere 3 жыл бұрын
@@gonzooznog8986 Nobody has a provisional patent. There is no such thing. You have filed a provisional application for a patent. Not a patent.
@firetigersage 4 жыл бұрын
Hello, guys at InventRight. Thank you for encouraging and guiding upcoming inventors. I hope to one day be your student or work with you in some way. I have many ideas that I know will become successful products and watching your videos help me sharpen my inventing skills each time. I don't know if you have a video about the ins and outs of the phone app industry. I have a very big idea about an app for the healthcare industry and would love guidance into how to bring it to fruition. All help is appreciated.
@hydraelectricblue 6 жыл бұрын
One final question. I'm ready to start the process of writing my PPA, but the reason I've been a bit slow to start is because my invention falls along the lines of a redesigned doll line for a toy company. It's more about the branding style and the concept behind it. I'm describing an idea essentially. The patterns, colors ,logos and tag line. I'm not sure what the average invent right student is trying to license , but they seem to be geared more toward the physical invention of a tool or handy item. I have examples of the accessories as well as an extra item to sell inside the boxes to help advertise for the company on the go. I feel like my idea is more about the idea than the actual product? I have designed the outfits to go with the logo and tag line. I feel like if I can just get them to see it they will say "Duh. no brainer why aren't we already capitalizing on this."
@dfeb101 4 жыл бұрын
I loved it when the teacher said, “Pop quiz” and we got to write an essay.
@juliomartinez4792 4 жыл бұрын
Stephen questions : 1. Do you give an example on one of your books , step by step , on how to write a PPA ? 2. How many years is a : Licensing Agreement or both parties agree to be ?
@inventRight 4 жыл бұрын
Hi Julio. Yes - the book you need is "Sell Your Ideas With or Without a Patent." www.amazon.com/Sell-Your-Ideas-Without-Patent/dp/1507885733/ Typically, the life of the product, but it all comes down to how you negotiate - and renegotiate.
@Dapper_Dean 2 жыл бұрын
Just curious. What has Damon invented. It's always fun see the results of the experts on your videos.
@god5535 3 жыл бұрын
Should you approach Open Innovators companies first without PPA or just file a PPA first? And thanks for the videos and information always!
@harryhoesch3793 3 жыл бұрын
I found it on your PPA common question segment, with Atty; Jack Ward.
@ramseshellerup 5 жыл бұрын
very helpful and encouraging
@inventRight 6 жыл бұрын
How to write a provisional patent application that has value in the marketplace: www.forbes.com/sites/stephenkey/2018/03/31/how-to-write-a-provisional-patent-application-that-has-value/#918211552700
@SomnoNaut 5 жыл бұрын
Since the PPA is only for 1 year, what stops a company from just waiting out the year and then go ahead and use the concept?
@lirantobi1000 4 жыл бұрын
You can extend it for another year and half Or to try selling it to some other company
@tanisempey294 4 жыл бұрын
You can renew
@UpnorthHere 3 жыл бұрын
You have to realize that a PPA has no enforceable rights on its own. You can file another copy or an improved version of your PPA at any time but only claim those that are not over 12 months old when you file a utility patent application claiming priority from the ones you choose to reference. Like they said at 8:50 in the video, file another one. An NDA might be useful to try to stop them from using your ideas before you get a license. Absent that, anyone can take your PPA invention and make or sell them without your permission anywhere in the world and there is nothing you can do (legally) to stop them.
@iMrCEO 2 жыл бұрын
The PPA is to hold a place for one year and then you are supposed to file the actual Non-Provisional Patent app. The PPA just secures a place saying you made the invention and now can say "patent pending" and try to sell, license, fix any imperfections, tell others about it, etc.
@goodtimes3081 7 жыл бұрын
Thanks guys!
@inventRight 5 жыл бұрын
Signs Your Patent Attorney Does Not Have Your Best Interests In Mind: www.forbes.com/sites/stephenkey/2018/10/30/signs-your-patent-attorney-does-not-have-your-best-interests-in-mind/#325aeb8c3b0a
@michaelbouchard659 4 жыл бұрын
Would you recommend a prototype or a 3D CAD demonstration when trying to license your agreement ?
@arrowstheorem1881 7 жыл бұрын
Key words to know : Affirmative Disclosure Statement
@michelleclyde7484 7 жыл бұрын
Thanks guys, you rock!
@inventRight 7 жыл бұрын
Thank you for watching Michelle!
@seanmcguire17 5 жыл бұрын
You’ve mentioned that licensing deals should be done not directly with the inventor but with an LLC that the inventor has registered (for liability reasons). When filing a PPA, should the same caution be made to where the PPA is submitted in the LLC’s name listing the inventor as that LLC or for the PPA it is safe to just register it in the inventor’s name and when it’s time to make the utility patent then at that time make the appropriate ownership on it?
@UpnorthHere 3 жыл бұрын
There are many ways to carve that pumpkin. Your patent attorney can help guide you on these and other questions about LLC trade-offs. An inventor can capitalize an LLC with his or her copyrights, inventions and patent portfolio and then authorize (manage) the LLC to license those rights to others and to hire the necessary legal counsel. An LLC (or other juristic entity) cannot prosecute a patent application without a patent practitioner. A sole proprietor can. An LLC also cannot be named as an inventor. A PPA doesn't require an inventor's declaration or claims, but the cover sheet should name at least some of the inventors for materials that mature into actual issued claims.
@Marcus538 4 жыл бұрын
Great videos , luckily I was a good pen & ink draughtsman before CAD horrible computer drawing , I willl draw my inventiins with alacrity, if you cant draw it , it wont work
@TheConsciousClimber 4 жыл бұрын
thanks guys
@inventRight 4 жыл бұрын
If you're looking for help with your provisional patent application, consider our program SmartIP: www.inventright.com/what-we-offer/smartip-offer
@ApacheWhitewolf 7 жыл бұрын
great information
@RogerGarrett 10 ай бұрын
The PPA basically establishes a Start Date which can be referred back to when you submit the actual patent application, essentially saying that the actual patent application STARTED at that Start date. But suppose the year goes by and you haven't submitted the related actual patent application? It means that you lose that Start Date. But you can eventually still submit, at some later date, an actual patent application, but it just means that the effective Start Date for the patent application is that date when you submit the actual patent application. All you're losing is that "reserved" Start Date of the provisional patent application. RIGHT? Also, if you do indeed fail to apply for the related actual patent within the one-year time frame of the provisional, isn't it possible to simply file the same (or maybe modified) provisional patent application AGAIN? And all it really means is that you have a new Start Date, and yet another year, in which to file the actual patent application?
@inventRight 10 ай бұрын
I would always ask a patent attorney just to make sure you’re doing all the right things.
@32dreamgirl 5 жыл бұрын
I have a prototype ready to go. I want to send it to a manufacturer who can help me make adjustments and improvements. Do I need to worry about the manufacturer taking my idea or will the PPA protect me from that? And what happens after a year goes by?
@inventRight 5 жыл бұрын
Good questions. We would like to help you bring your invention to market. Please contact us: inventright.com/contact
@UpnorthHere 3 жыл бұрын
Filing a PPA gives you no legal protection whatsoever.
@michael.schuler 2 жыл бұрын
Because I have invented a device and gone through many iterations of improved successful embodiments before arriving at what I am now satisfied is the best and most novel of all, I have a multitude of drawings I intend to include in my current provisional. On my previous utility patents, every little part of each drawing was identified by a reference number incorporated into the detailed description. To be useful in the provisional, must I add similar detailed reference numbers to each and every drawing? Or would it be sufficient to provide such detailed reference numbers only for the best preferred embodiment, and then rely on text in the description and drawings without reference numbers to discuss the very similar figures showing variants included in the application primarily as defense against potential workarounds? I am well able to annotate each and every drawing, but it will take a long time. I am confident that one "skilled in the art" would absolutely understand the drawings of alternates without reference numbers, as both the text and the alternate's relationship to the similar element of the preferred embodiment that performs the same function are very clear. I am otherwise close to filing and will slog through addition of the reference numbers if it would in any way weaken the provisional to omit them. Aside from the question of these reference numbers, my provisional is prepared so as to be directly convertible to a utility patent, pending further prior art that I might discover in the 12 month pendancy period that could alter claims. Can I skip the reference numbers for now?
@richardmartini9784 7 жыл бұрын
Once I have a PPA, Then I can sell this Idea/ invention to a company alike to this item So that they can carry the ball and then pay me??Royalties??
@inventRight 7 жыл бұрын
That's the idea!
@healthmann 5 жыл бұрын
After you come up with a great idea, and finally got a PPA, would you require a prototype before trying to hand the idea off to someone else? I’m trying to figure out how you would sell an idea, or find customers without a prototype?
@wally1957 5 жыл бұрын
You don't need a prototype, just the drawings but the prototype would help sell the idea. If you decide to build a prototype then wait to file the PPA until it is built because the PPA expires in a year and a full patent needs to be filed within the years time. I am thinking it is best to have the buyer of the idea pay for the full patent which can be costly.
@snowingsart4568 5 жыл бұрын
THIS IS WHAT I WANT TO DO TOO! Any updates????? Anyone have success?
@Marcus538 4 жыл бұрын
@@inventRight Im guessing companies look at PPA's for something good , is that right ? Thank you
@heroknaderi 4 жыл бұрын
I appreciate it
@ShitalMahajanArt 7 жыл бұрын
Hi, all your videos are very good & encouraging. I am from India, can I file provisional patent in US PTO? or is there any separate application procedure for non-US applicant. Thanks.
@inventRight 7 жыл бұрын
You can file a provisional patent application in the U.S. from anywhere in the world! Thanks for watching.
@dkaliklg 7 жыл бұрын
If you are from India, you must first obtain permission to file in the US from your government. It is simple to do, but critical in your path to filing in the US.
@lirantobi1000 4 жыл бұрын
I find that last remark regarding filing multiple ppa misleading . An inventor could lose his advantage of filing the ppa first if he would let the first year go by while some other competitor would file a similar ppa after him.
@UpnorthHere 3 жыл бұрын
True, you can file sequential or overlapping PPAs for year after year, if you want. But once someone else has "the same idea", or steals yours, the value of your utility application is in serious jeopardy.
@elieli8484 6 жыл бұрын
Thank you!
@thomasbarnett1925 7 жыл бұрын
damn patent attorney nailed me to the wall, I can invent all day, and I have my ideas so fully developed with every aspect of a idea. I can talk about them for hours, and will come up with ideas for a new whole idea as I am talking about one. but writing all this for every idea I have, would take ten life times. it takes me 3 months to write a provisional . i truly just need a patent attorney wife, or a job interview with Google to be a think tank inventor. I have been writing my ideas down since I was 12 , now 34 have only wrote 6 provisional patents but never filed them because I need the right partners in my life. I feel selfish for not doing them. I could definitely make the world a better place. I even have one idea that would save millions of gallons of water a year. it's impossible to get a interview with any company that I have the talent for without a college degree. if you have any advise on what I should do it would be well appreciated? it's hard to create something from nothing , and collapse wave form. i need to have the funds to put my skeleton team together and invent freely. I just need a base hit to invest in myself . The cause and affect of that would hopefully be create millions of jobs. case and point of this rant, is it am tired of talking about it , and need to be about it.
@inventRight 7 жыл бұрын
The world needs to know about your ideas!
@ElieAnquetil 5 жыл бұрын
Fiverr may be your solution
@gonzooznog8986 5 жыл бұрын
Patent it" a book. Y david pressman Nolo press.
@UpnorthHere 3 жыл бұрын
Maybe if you go ahead and file one or more of your provisional applications it will start a fire under you to get the financing or other documents in place to proceed with filing utility applications for one or more inventions.
@celestepalm6949 3 жыл бұрын
@@ElieAnquetil Fiverr undersells their designers' & inventors' work to lowest common denominator. Why do that to yourself?
@AlternativeDesign100 7 жыл бұрын
each add on page to be filed costs another 65 USD? 10 improvements therefore 650 USD?
@UpnorthHere 3 жыл бұрын
No, that's not how it works. There is no "added pages fee:" for a provisional application until it reaches 100 pages.
@eclecticsymmetry Ай бұрын
Some Patents make beautiful artwork, does anyone know if expired patent wall art is a thing?
@inventRight 6 жыл бұрын
Read licensing expert Stephen Key's latest article about intellectual property strategy for Forbes: "Don't File That Patent Yet. File A Provisional Patent Application First." www.forbes.com/sites/stephenkey/2018/01/08/dont-file-that-patent-yet-file-a-provisional-patent-application-first/#78243c6857fe
@KilroggWOW 5 жыл бұрын
How about the coverage, like how does this protect my work?
@UpnorthHere 3 жыл бұрын
It provides no protection whatsoever. It only gives you a year in which to decide whether to file a non-provisional application claiming the invention disclosed in your PPA. You only get enforceable patent rights from an ISSUED patent.
@meranism673 5 жыл бұрын
Can you give more detailed info about my rights after I file a PPA? Can someone steal my idea? Or can someone else do some little adjustments and file their own PPA's or full Patent file? I am afraid to file a PPA , because I dunno my rights .
@inventRight 5 жыл бұрын
Hi Meran. Nothing is black or white about intellectual property - it's all about how you use it to further your business goals. Here are some resources about protecting yourself to get you in the right mindset: 30 Ways to Make Sure You Actually Profit From Your Creative Ideas: www.inc.com/stephen-key/30-ways-to-protect-your-product-ideas.html 5 Things You Need to Do to Protect Your Product Idea: www.inc.com/stephen-key/5-ways-to-motivate-people-to-work-for-and-not-around-you.html Don't Sign That Contract Yet! 17 Signs You're Working With the Wrong Company: www.inc.com/stephen-key/dont-finalize-that-contract-yet-17-signs-youre-working-with-wrong-prospect.html Considering Crowdfunding? 16 Ways You Can Fight Back Against Copycats: www.forbes.com/sites/stephenkey/2018/01/31/considering-crowdfunding-16-ways-you-can-fight-back-against-copycats/#7b26ef6a6d9f How to Write a Provisional Patent Application That Has Value: www.forbes.com/sites/stephenkey/2018/03/31/how-to-write-a-provisional-patent-application-that-has-value/#546e69fd5270
@meranism673 5 жыл бұрын
@@inventRight Thank you so much. I will definitely check all those links.
@gonzooznog8986 5 жыл бұрын
You lose nothing go on produce it File soon, sell it in small batches.
@UpnorthHere 3 жыл бұрын
You get no enforceable rights with a PPA. Yes, ANYONE can steal your idea if you disclose it to them. You have to protect yourself with legal paperwork before you do that. A PPA does not do that. A CONTRACT might do that, assuming you have the money needed to sue them if they break their promises.
@johnmichaelgeorge6284 2 жыл бұрын
I have a tool accessory idea. Actually have a 3D printed prototype that works well. However, I also have four variation ideas for this accessory. None of them are much different from the original, but certainly change the scope of its function. Should I file a single PPA with the different variations listed on that one, or should I file a separate PPA for each of the variations (5 total)?
@MyJeanEHair 6 жыл бұрын
Thnx guys !
@jselectronics8215 2 жыл бұрын
@3:40 "Enablement, that someone can read your provisional patent application..." WTF??? I thought no one but the USPTO saw it.
@harryhoesch3793 3 жыл бұрын
Is the filing of the PPA the actual start of the 1 year clock, or are their other disclosures that would initiate that 1 year time line?
@venessamenefee4343 Жыл бұрын
MY WHOLE LIFE I HAVE NOT SEEN AN IDEA THAT I HAVE THOUGHT OF. AFTER WATCHING YOUR VIDEOS, I WAS PROMPTED TO DO A SIMPLE SEARCH ON THE INTERNET AND THERE IT WAS AND SELLING ON AMAZON! BUT I NOTICED THAT IT SEEMES TO BE HOMEMADE. SHOULD I STILL FILE A PPA? HOW DO I KNOW IF THEY HAVE FILED ONE ON THIS IDEA OR NOT?
@jabriizle 7 жыл бұрын
hreat information. i have a question. i hear "utility patent" but what about design patents? what is the process to successfully license a type of hat that does not exist in the market
@inventRight 7 жыл бұрын
That's a great question. We'll do a video on the topic of design patents. Thank you for watching!
@jabriizle 7 жыл бұрын
inventRightTV YOU ROCK!
@adamkilmer3759 3 жыл бұрын
Hello.. I have an engineer helping me work on my design do I have to include their names on my provisional patent application
@UpnorthHere 3 жыл бұрын
Yes, if they provide any material contributions to any part of the invention to be claimed in your later utility patent. In theory, the invention would be presumed to be jointly owned unless otherwise agreed, and thus all inventors are "equal" in the eyes of the USPTO.
@steel52731 7 жыл бұрын
can you extend the ppa after a year?
@inventRight 7 жыл бұрын
That is a great question John! We have a video about what to do when your provisional patent is about to expire: kzfaq.info/get/bejne/nN13e6l4nsjJiH0.html. There is also an article about this topic on Stephen's column at Inc. www.inc.com/stephen-key/what-to-do-when-your-provisional-patent-application-is-about-to-expire.html. Hope you find those useful!
@dfeb101 4 жыл бұрын
No you cannot. You can convert it into a nonprovisional or you can file a nonprovisional and use the provisional as the basis for the non.
@UpnorthHere 3 жыл бұрын
@@dfeb101 You can refile your PPA at any time. You can only cite a PPA that was filed up to 1 year prior. You can file 25 provisionals and then reference the ones that are not over a year old.
@kennethadams4956 2 жыл бұрын
A ppa is scary without a team if it's a big idea?
@andresmelendez5972 5 жыл бұрын
Hello, thank for the information. If I patented one idea in USA. Is that a protected in China for example?
@inventRight 5 жыл бұрын
No. Every country has its own patent system.
@sl4983 4 жыл бұрын
Love it!
@indie123max 4 жыл бұрын
I appreciate your informative video. I am from Ireland and I want to lodge a provisional patent in the US. Is there any restrictions on a person outside the US applying for a provisional patent ?
@inventRight 4 жыл бұрын
You can file a provisional patent application from Ireland. Visit www.uspto.gov/.
@richcha9998 7 жыл бұрын
Another great video guys thank you for your work. I have a PPA filed now, should I be afraid to send my product information (sell sheet, video) to a company that accepts ideas which is located in Canada? I am in U.S.
@inventRight 7 жыл бұрын
We're going to pose this question to patent attorney Damon Kali for comment. Thank you for watching.
@dkaliklg 7 жыл бұрын
Good question Rich. Your PPA is not effective in Canada, so you are correct in worrying about this. There are several ways that you might approach this. One is to ask the Canadian company to sign an NDA. You'll need to consult with a Canadian attorney to determine what can and cannot be included in an NDA and how effective the NDA is. Another is to make a filing in Canada that covers the same subject matter as your PPA. Still another is, before your PPA expires, file a PCT application claiming priority to your PPA that will give you 18 months before you have to make a Canadian filing. Be advised that these strategies require careful review of your PPA to make sure you comply with all relevant rules. I can't be more specific since I don't know your exact factual situation.
@RoohApps 7 жыл бұрын
Hey guys, love your work and your videos. I have a question about ppa's. I am in Canada and have multiple idea's but am not sure where to file my ppa. Does it matter if I file in Canada or USA. Also can I even file in USA and If I file in 1 or the other does that mean I am only protected in that country?
@inventRight 7 жыл бұрын
You can file in the United States from anywhere in the world! You are protected in the country you file in. You can extend your PPA and file in other countries later on if need be. Glad our videos on inventing and licensing have been helpful to you!
@ian9toes 6 жыл бұрын
I had a PPA just to pitch to one company, but didn’t get anywhere. I’ve now made a few changes, can I get another PPA?
@inventRight 6 жыл бұрын
Inventing is a numbers game. It's very rare to license to the first company you approach. Here's what to do when your PPA is about to expire or has expired: www.inc.com/stephen-key/what-to-do-when-your-provisional-patent-application-is-about-to-expire.html
@gonzooznog8986 5 жыл бұрын
Yes you can!
@UpnorthHere 3 жыл бұрын
You don't "get" a PPA. You file a PPA, giving you up to a year to claim that invention in a utility patent application. You can file as many PPAs as you want to, year after year, as long as you don't disclose, sell or use your invention publicly (which could terminate your rights to claim the invention).
@godavarimembers2532 2 жыл бұрын
I have filled PPA. How about if somebody else files same project with complete detail after me. He also fills forms to get it done quickly. Who would be considered first inventor of that product.
@inventRight 2 жыл бұрын
This is a great question for a patent attorney.
@magicha3080 6 жыл бұрын
Thanks for the video! As I'm following your videos on filing a provisional patent application, I am wondering if we need to turn in a "proof" of micro entity for the low price we paid for provisional patent application ($70). Can you please advise?
@inventRight 6 жыл бұрын
That is a good question for the United States Patent and Trademark Office - they will be happy to help you.
@UpnorthHere 3 жыл бұрын
It's $75 now (Dec 2020) and there are rules about questioning an applicant's assertion of micro-entity status at any time during the provisional or utility application process or maintenance of the full 20-year validity (if you get that far).
@ElieAnquetil 5 жыл бұрын
Do you need claims in a PPA? I bought your two books Stephen. Some people says you need it. I am ready to send mine expect for the claim. Thks
@inventRight 5 жыл бұрын
Stephen's book "Sell Your Ideas With or Without a Patent" describes what to include in a provisional patent application. We also have a program called SmartIP that can help: www.inventright.com/what-we-offer/smartip-offer Thank you for reading and watching.
@UpnorthHere 3 жыл бұрын
Provisional applications are not required to have any claims, but it doesn't hurt.
@jackduplechain7592 4 жыл бұрын
does a provisional patent help protect your design. asked another way, is it possible to file a design patent at a later date while being protected by a provisional patent?
@UpnorthHere 3 жыл бұрын
There is no provisional patent application for a design -- only for a utility invention. Also, there is no such thing as a "provisional patent".
@durovin 6 жыл бұрын
Hey, Love your shows :) One question. Can I apply for a Worldwide PPA The reason being I don't think one country PPA will cut it ! Regards, Peter.
@inventRight 6 жыл бұрын
Thanks for watching! You can transform a PPA into an international application later on if you so choose. Please consult an attorney for legal advice, as we are not attorneys.
@UpnorthHere 3 жыл бұрын
The USA is a rare bird in the availability of the PPA. Other countries offer "preliminary filings" that are very low cost filing fees, but you're "stuck" with the content of the application as you originally filed it, like filing a utility application in the USA.
@shaunmcinnis1960 6 жыл бұрын
Hey Guys, Thanks for your very helpful knowledge and experience. As Stephen mention in another article; "Publicly disclosing your invention can prevent you from obtaining a patent later on". At what stage(s) should you avoid disclosure?. I was hoping to start to use and or sell my idea after I file my PPA.Is that ok? I looked for the question elsewhere but could not find it. Thanks in advance guys.
@inventRight 6 жыл бұрын
Hi Shaun. The simplest answer is don't share your idea before you've filed some protection. Beyond that, you get into strategy. Consult an attorney for more legal advice.
@UpnorthHere 3 жыл бұрын
Once you disclose your invention the information can be used by your competitors unless you take steps to prevent that. Filing of a PPA, by itself, gives you no enforceable rights whatsoever. It merely preserves your right to file a patent application for that invention up to a year later, if you so choose, without losing your "priority of invention" to intervening applicants.
@Robert-ln7ji 7 жыл бұрын
Guys, great info, quick qestion, are provisional patents only available for utility patents and NOT design patents?
@stephenkey3137 7 жыл бұрын
Yes!
@UpnorthHere 3 жыл бұрын
Yes, and it's not a "provisional patent"; it's a provisional APPLICATION for a patent. Only after a patent is issued does it become enforceable. A PPA is not a patent of any sort.
@the_grind_of_life 3 жыл бұрын
I wish I found this sight years ago.
@losma7t 4 жыл бұрын
2:30 its all of who🌚 they filed it their selves right? So they are the subject
@dqforever5 2 жыл бұрын
This is the Scariest part of it all ''providing a lot of meat to the patent attorney; we have all these other variations in mind. "
@SPINTO1 7 жыл бұрын
Can you file a PPA for a similar product of patent that was filed 10 years ago? In other words, the newer product has the same function but doesn't require electricity and isn't as complex.
@inventRight 7 жыл бұрын
Possibly! Prior art exists for all ideas. It's all about whether you can carve out a significant enough difference. That said, it's worth taking some time to think about how PPAs fit into your overall go-to-market strategy. Have you read inventRight cofounder Stephen Key's book about intellectual property, Sell Your Ideas With or Without a Patent? Thanks for watching!
@UpnorthHere 3 жыл бұрын
The goal of a PPA is to reserve your right to a patentable invention that is "new and non-obvious" in light of EVERYTHING ever published about similar inventions at the time you file your PPA. Since 10,000 more documents may be published THIS year, you need to get ahead of what your competitors are doing, one way or another (not always with patents).
@T-TImperialMusic 4 жыл бұрын
I have a question on design patents. I know this is somewhat different. Is there such a thing as a provisional design patent? I have various designs I would like to get patented through a provisional, but maybe I'm not looking in the right spot. If you have any suggestions, it would be much appreciated! My designs are done, I just need to file the patent, then pitch it, market it or sell it. Thank you.
@inventRight 4 жыл бұрын
Tyler, unfortunately not. Here is more context on design patents and licensing: www.inc.com/stephen-key/how-to-license-a-design-patent.html
@UpnorthHere 3 жыл бұрын
The basic filing fee for a design patent is less than the fee for a provisional, which only applies to a utility invention.
@T-TImperialMusic 3 жыл бұрын
@@UpnorthHere Do you know the average cost? Can I submit a national design patent? State or regional design patent? If there are answers to my questions, how long does it take to finalize the progress, getting done faster? I'm also wondering, I can't find a reliable source, but can I license the design and get royalties off of the designs?
@gauravthakur1716 7 жыл бұрын
Sir can u please tell me any toothbrush company who can see my idea of toothbrush in India.
@inventRight 7 жыл бұрын
We have a list of companies looking for ideas on our website: www.inventright.com/companies-looking-for-ideas.
@gauravthakur1716 7 жыл бұрын
thankyou sir
@C2M6H4TRAE 5 жыл бұрын
Excuse me I would like to know what companies you can refer me to I have and idea for women products(pads). and I don’t have to get a patent for this kind of product do I?
@inventRight 5 жыл бұрын
If you are looking for a list of companies looking for ideas, check out inventleaders.org
@sometimes7802 2 жыл бұрын
So I just filed my first ppa, and paid the 75.00 any idea on how long it will take to get any confirmation on it being accepted or denied so I can try and pitch my idea? Sorry I'm very new to this
@inventRight 2 жыл бұрын
No one at the USPTO will read your provisional patent application. We can help guide you to the next step - please call us: +1 (800) 701-7993
@fernandoblanco4767 4 жыл бұрын
what is the average time form the moment you file your PPA to get a licensing deal?
@inventRight 4 жыл бұрын
It all depends on how quickly you get in touch with potential licensees (companies) about your idea and how great of a fit it is! Could be the next day, could be within weeks, could be months, could be years. Thank you for watching.
@Goldy8686 4 жыл бұрын
What’s your thought on using Fivver, up work for creating your cad design ?? Please help
@inventRight 4 жыл бұрын
Those sites can be helpful in finding freelancers for sure. Here are 5 guidelines to get the most out of working with freelancers: www.inventright.com/index.php/component/k2/5-guidelines-to-get-the-most-out-of-working-with-freelancers
@Goldy8686 3 жыл бұрын
@@inventRight Thank you!!
@ronbonick4265 6 жыл бұрын
Question , so I go search for my patent , and web crawlers from some crooks site - grabs what I am searching for and tries to beat me to the patent ??
@inventRight 6 жыл бұрын
That is unlikely. Execution > ideas.
@UpnorthHere 3 жыл бұрын
If they didn't invent what they claim in their patent application, then it could be void for fraud, not to mention a federal perjury crime. It's pretty unlikely, unless they're going to rip you off in some other country that doesn't rigorously protect intellectual property rights
@AlternativeDesign100 7 жыл бұрын
so is a "provisional application" initially only tantamount to a "design" patent? The utility application should be filed within that first year to cement the whole thing somehow? And if that's the case, is the initial provisional application, or design application, enough to reserve the claim for oneself prior to the utility application??
@inventRight 7 жыл бұрын
Provisional patent applications are for utility patents.
@UpnorthHere 3 жыл бұрын
Design patents are for protecting the ornamental shape or appearance of something, not how it functions under a utility patent. Provisional applications are not available for design patents. A given product may have both design and utility patents (not to mention trademarks, copyrights and trade secrets).
@carlschmiedeke151 4 жыл бұрын
I'm still lost here, i need to know, in layman's terms, what to do after, i pay the $65.00, & fill out the paperwork, for example, who to contact to get a patent, & then who do i contact after "i get the patent" if i get a patent & who do i contact to try to get this item built, & then who do i contact that i can trust to market it,, I've been struggling with this idea, that i know would sell like hotcakes, i just don't know where to start, who can i trust & how to get it out there
@UpnorthHere 3 жыл бұрын
You don't "get a patent" when you file a provisional application. You only get a patent after filing a utility application, paying to have your invention searched and the application examined, deal with any rejections and get it issued, usually after one or more amendments to your claims. In the meanwhile, you should click on some of their other great videos about licensing.
@franbarker880 7 жыл бұрын
Hi guys, Informative vid as always 👍 I have filed 3 provisionals so far, but have filed them in uk (I am from uk). I based this on my own presumption that if any company takes on my idea, then priority can be taken from the uk application, which costs £0. Am I right in my presumption?
@arrowstheorem1881 7 жыл бұрын
Fran Barker Has any of them become a full patent? Has it expired as in been filed more than 1 year?
@franbarker880 7 жыл бұрын
Cosmo John the first patent I filed I managed to get through to fully granted in UK myself (not using a patent attorney), but didn't file anywhere else due to costs (I hadn't come across Inventright videos and their methods at that point). The 2nd one is an improvement on the first and nearly ran out of the 1 year priority due to the company interested dragging their feet for months and months! When we finally couldn't come to an arrangement, I just retracted the 2nd one at the UK patent office and immediately re-filed it so that it 'reset the 1 year clock' so to speak. I have since found another company that is interested so if they do end up taking it on and they want to file elsewhere using the UK priority date, they can.
@arrowstheorem1881 7 жыл бұрын
Fran Barker Will patent office employees with access to the PPA they deem having market value copy ideas in PPA even though they are not supposed to have examined it? In other words, is there such a Risk?
@franbarker880 7 жыл бұрын
Cosmo John I doubt it very much as it would totally undermine the whole patent system! I've never heard of this happening and don't think it's something worth worrying about. At the end of the day, you can worry till the cows come about people stealing your ideas. There are no guarantees in life, but one thing that you can guarantee is that if you don't take action and start getting your ideas out there, you will have zero chance of licensing an idea!
@arrowstheorem1881 7 жыл бұрын
Fran Barker Thanks. Thats very encouraging. I appreciate it.
@Reza20003 6 жыл бұрын
Does a provisional patent really protect the idea? I mean in the sense that we can claim ownership of the idea in case anyone else comes up with that idea later on?
@inventRight 6 жыл бұрын
Hi Shayan. Please know that we are not attorneys and thus are not giving legal advice. The intellectual property you file should be one component of your strategy for protecting (and profiting from) your creativity. Yes, you can license an idea with a PPA alone. Our students do every week! You can convert a PPA into a patent later on, and possibly get your licensee to pay for it. For more on protecting your ideas, read Stephen's article "30 Ways to Make Sure You Profit From Your Creativity" www.inc.com/stephen-key/30-ways-to-protect-your-product-ideas.html
@UpnorthHere 3 жыл бұрын
It is not a patent. It is a provisional application for a patent you have to file within a year. A patent has enforceable rights once it's issued (which can be years away). A provisional application has no enforceable rights of its own, but could certainly be used as the basis for licensing or other agreements, which ARE enforceable, whether or not a utility patent is EVER issued for your invention.
@getyourgameonvrutuber8657 5 жыл бұрын
No links to your guest?
@inventRight 5 жыл бұрын
You can reach Damon here: www.kali-law.com/profile_DKIK.htm Thanks for watching.
@rosemary44128 4 жыл бұрын
It's a headache!
@jhorne18 4 жыл бұрын
If you are filing a PPA with the US Patent and Trademark Office, notice the address bar (URL) with an orange triangle in your Firefox browser, and after clicking on the "i" next to it, you will see that the connection is not secure. As of this posting (3 March 2020), the site STILL is insecure. I did an extensive amount of research and posted the results in a report, "The gaping security hole in a US Government website", which can be found at Inventors Assistance Center at www.inventorsassistancecenter.biz/help-with-your-invention. My advice to everyone is to read this report and file elsewhere.
@KeiaSA 6 жыл бұрын
My biggest fear is submitting an incomplete application. If this happens or if the application does not meet the criteria, what happens? Would the system reject it?
@inventRight 6 жыл бұрын
Hi Keia! The system does not check to see if the documents are written properly. If you want a more thorough description of what to put in your PPA, you can get it in "Sell Your Ideas with or without A Patent": www.amazon.com/Sell-Your-Ideas-Without-Patent/dp/1507885733/ref=asap_bc?ie=UTF8. SmartIp can also help you write your PPA, step by step: www.inventright.com/smartip. Thanks for watching!
@UpnorthHere 3 жыл бұрын
If you think of something later, you can simply file another PPA. Nobody is ever going to read your PPA in the vast majority of cases unless there is some dispute over whether you're later trying to "add new material" to your utility application that you thought was disclosed in your PPA, or there is some litigation about a conflicting application or prior art.
@atxemtp 6 жыл бұрын
Where do I find the PPA application online? I have been on the USPTO website.
@inventRight 6 жыл бұрын
The information you need to file a provisional patent application with the USPTO can be found here: www.uspto.gov/patents-getting-started/patent-basics/types-patent-applications/provisional-application-patent If you're looking for help, consider our program SmartIP: www.inventright.com/what-we-offer/smartip-offer
@UpnorthHere 3 жыл бұрын
A provisional application is "free form" and only needs a cover sheet and a few other admin forms. www.uspto.gov/patent/patents-forms
@malekdaghighi 5 жыл бұрын
is my invention protected with PPA ? to my knowledge is not could you give more info on that , thanks
@inventRight 5 жыл бұрын
A provisional patent application is a tool you can use to help you license your produce idea. More about what provisional patent applications can do: www.forbes.com/sites/stephenkey/2018/01/08/dont-file-that-patent-yet-file-a-provisional-patent-application-first/#7013bfe57fe0
@UpnorthHere 3 жыл бұрын
No, a PPA has no enforceable rights. Only an issued patent or an executed contract can provide enforceable rights.
@EthanPenn2000 6 жыл бұрын
if I file for a provisional and later on I decide I dont want to get a noprovisional is that a bad thing or do I have to follow through with the nonprovisional
@inventRight 6 жыл бұрын
Hello John! There is no requirement to follow a Provisional Patent Application with a non-provisional. Here are some of the options at your disposal when your PPA is about to expire: www.inc.com/stephen-key/what-to-do-when-your-provisional-patent-application-is-about-to-expire.html Thanks for watching!
@UpnorthHere 3 жыл бұрын
If you don't file a non-provisional claiming reference to the PPA, then the PPA eventually expires (after 16 months) and will be shredded with other confidential information in the USPTO.
@osukais1 4 жыл бұрын
Hello everyone.i try to make a provisional patent and it was denied.i played my 75 dollar fee and about 2 months later I got a letter saying it was decline and they wanted a whole lot more information.there are 2 options.one I think was 65 and the other 75.i dont remember why but you have two options on pricing.atleast when I did this 2 years ago.
@user-ni3sp5mz4u 4 жыл бұрын
Interesting. Was there any explanation explaining why it was rejected? So much for all these "experts" telling us that PPAs aren't reviewed just time stamped and filed.
@UpnorthHere 3 жыл бұрын
@@user-ni3sp5mz4u It's reviewed for filing compliance, not examined for patentability. Similarly, someone files to register a copyright and it has to meet their objective filing rules, but they have no way to know who actually wrote it or whether it's enforceable.
@ShayTBD 7 жыл бұрын
So I've seen there are about 20 patents similar to my idea however I've never seen any semblance of the product on the market. Is this an area you guys help a client sift through?
@inventRight 7 жыл бұрын
Absolutely. If that's the case, you need to act like a detective. Why did the product never make it to market? There's obviously a reason! You can call the owner of the patent to find out why, for example. Here's more on how to do that: www.entrepreneur.com/article/284443.
@ShayTBD 7 жыл бұрын
Thank you. Amazing article. Hit the nail on the head. As a client is complete patent research part of what is offered?
@arrowstheorem1881 7 жыл бұрын
inventRightTV Hi Sir, is there a standard way to contact the inventor?
@dugagjindervishaj3440 6 жыл бұрын
the patent proces status right now is New case ready to Examiner in GAU what means that how long does it take till i get the patent for the invention or rejection?
@inventRight 6 жыл бұрын
This is a good question for the patent office.
@dugagjindervishaj3440 6 жыл бұрын
+inventRightTV can't you not answer to this?
@inventRight 6 жыл бұрын
It's not clear what patent office you're referring to or what you mean.
@dugagjindervishaj3440 6 жыл бұрын
+inventRightTV ok thanks anyway
@olboitheeinnovatordoanythi8480 5 жыл бұрын
If You File 2 to 3 Provisional App ,Can All That Go On Your 1 None Provisional Utility Patent
@UpnorthHere 3 жыл бұрын
Yes, you can reference numerous Provisional applications in one or more non-provisional utility applications.
@acbaez604 5 жыл бұрын
Can a certain type of food have a provisional patant ?
@UpnorthHere 3 жыл бұрын
All kinds of food recipes or processes are patented. A provisional patent application is completely optional and doesn't contain any enforceable rights on its own.
@helan2586 7 жыл бұрын
I'd Like to know where or what website to go to to file a PPA for 65.00, please tell me.
@inventRight 7 жыл бұрын
Hello Swoops! You can file a US PPA through the website of the United States Patent and Trademark Office. www.uspto.gov. To help people generate the documents and walk through the process of filing, we made Smart IP available to inventRight students, and now to everyone else as well: www.inventright.com/smartip. Hope this helps! Thank you for watching!
@inventRight 7 жыл бұрын
For help writing your own PPA, please consider checking out our new software SmartIP: www.inventright.com/smartip. It was created by IPWatchDog.com founder Gene Quinn!
@pinoynbacollector9246 6 жыл бұрын
Can I file a PPA in the US if I'm a foreigner and not staying in the US?
@inventRight 6 жыл бұрын
Yes. You can file a PPA in the United States from anywhere in the world: kzfaq.info/get/bejne/Zrhmg7Znvqmvk3U.html
@canmingir 5 жыл бұрын
I don't see any value of provisional patent application, instead defensive publication will give prior date as PPA as well as it will block others to get the patent if you are not able to file non-provisional patent after one year.
@inventRight 5 жыл бұрын
The big benefit of filing a provisional patent application is that you can describe your invention as "patent pending" for the next 12 months. We recommend using this time to further research the market, having established some ownership. Stephen outlines the many other benefits of filing a PPA first here: www.forbes.com/sites/stephenkey/2018/01/08/dont-file-that-patent-yet-file-a-provisional-patent-application-first
@UpnorthHere 3 жыл бұрын
Defensive disclosure cancels your right to claim the invention unless a patent application is filed within a year and immediately cancels all potential patent rights in most other countries.. A provisional application reserves those rights (for a year, possibly more) AND can block others from obtaining a patent on "your invention" if they file/disclose after your PPA date. You can certainly do both, knowing the downside of premature disclosure in a competitive market.
@chelseaf.9981 6 жыл бұрын
Would an idea or concept for a Website be a patent, trademark, or copy write issue.
@inventRight 6 жыл бұрын
What does the website do? You might use all those kinds of IP.
@UpnorthHere 3 жыл бұрын
A website contains creative works of original authorship (images, literature, software) automatically protected by copyright law. It may also have trademarks or service marks related to goods or services. It may also contain patented designs or utility inventions (the "one-click" feature of Amazon was patented). Note that copyright does NOT protect any ideas, concepts, discoveries, methods or inventions -- only the creative work describing or showing them.
@JulesOille 7 жыл бұрын
Hey StephenHow good is a patent if you cant defend it because a lack of funds?
@inventRight 7 жыл бұрын
Great question. Not very. If you license the idea, your licensee may step up to the plate to help defend your IP, which was what happened to Josh Malone of Bunch o Balloons: www.inc.com/stephen-key/an-unexpected-benefit-of-licensing-a-product-idea.html.
@arrowstheorem1881 7 жыл бұрын
Jules Oille You have seen the flaws in the legal system which favors the rich. Bernie Sanders is on to something
@frfrpr 3 жыл бұрын
Why the constant rude interruptions
@dugagjindervishaj3440 6 жыл бұрын
what really means Docktedet new case ready to Examiner for second time for the same inventions?
@inventRight 6 жыл бұрын
Can you repeat your question please? Not sure what you are asking.
@dugagjindervishaj3440 6 жыл бұрын
+inventRightTV i have a patent pending invention in usa for the second time the case is gone one the Examiner desk
@steerheadcattle 4 жыл бұрын
If i have several attachments that can go on my invention can I file it all on one ppa?
@inventRight 4 жыл бұрын
We have a $99 program that helps you file the best PPA possible. Check it out: inventright.com/what-we-offer/smartip-offer
@UpnorthHere 3 жыл бұрын
"Attachments" and other versions or improvements for your invention can be described in one or more PPA and then all of them referenced in one or more of your utility applications, assuming they're not over 12 months old by then.
@MarkusKnowsHow 5 жыл бұрын
Where do I get a PPA from
@UpnorthHere 3 жыл бұрын
You write it yourself and use the proper cover sheet and other admin forms in the USPTO. www.uspto.gov/patent/patents-forms
@ilenacaban332 5 жыл бұрын
Where can you go to get the ppa so I can go on the right Website
@inventRight 5 жыл бұрын
Our program SmartIP can help you write your own provisional patent application: www.inventright.com/what-we-offer/smartip-offer
@UpnorthHere 3 жыл бұрын
The official forms for cover sheet and other admin to add to your PPA are at www.uspto.gov/patent/patents-forms.
@MolloRelax 6 жыл бұрын
I just watched another video ,where it said that the cost is 125$ not 65
@inventRight 6 жыл бұрын
Depending on the size of your organization, the filing fee varies. For individuals, it is now $70. See here: www.uspto.gov/learning-and-resources/fees-and-payment/uspto-fee-schedule
@recessivegenius6630 5 жыл бұрын
I believe small entity is $125, micro entity is 70.
@UpnorthHere 3 жыл бұрын
The costs generally go up every year or two. In 12/2020 it's $75, assuming you can certify that you meet all of the micro-entity qualifications of 37 CFR 1.29 current as of the date of filing the fees. The max is 4 times that, if you're worried about not qualifying for the discounted fees.
@UpnorthHere 3 жыл бұрын
@@inventRight Size of organization is only one of many factors. Your personal income, combined with that of any co-inventors, is another.
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