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Provisional Patent and Trademark
Posted by Anonymous . updated on 12/4/2009
One of your attorneys stated a provisional patent offered no protection (like a real patent), but did provide a time break. Is this correct? I was all set to go with the provisional patent, still hoping to finish my project in time for the spring, then transfer to a real patent. Now I think I am making a mistake. And I still don't know if I need a trademark for this product. I don't have a "trademark", just the name of the toy.
A little confused now, so I hope you can straighten me out.
Thank you.
Diana Smith, Inventor
Answers (1)
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Sanaa T...
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A provisional patent is more than just a time break, it gives you a Priority Date. Say I have an invention for a different kind of cell phone, but haven't yet got a prototype or a working prototype for this invention; i apply for a provisional patent because it would
1) Give me a year to convert my idea to an invention
2) When applying for a utility patent application after a year, it would give me a priority date of ONE YEAR AGO.
That means you have efficiently placed your no in the line, now what happens if you do NOT apply for a provisional patent immediately but directly apply for a utility patent application say 2 years AFTER you have had the idea?
ANYONE and I literally mean ANYONE can go ahead and file for patent protection during this interim period and WHEN you apply for patent protection for the same technology, THEIR idea will be treated as prior art against yours.
So I would recommend you file for a provisional patent application ASAP regardless of when you may convert your idea to an invention.
Coming to whether a trademark is required, yes you should apply for a trademark for your product, the best way to protect it would be an Intent to Use Federal Trademark application as that offers protection in all the states in the US.
Please see our site: www.trademarkia.com for more details on trademarks
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