DreamsToMarket.com - Patent Strategies




Add My Listing
Log-On
Tell A Friend
Venture Stories

Premium Services
Venture Guides
Venture Tools
First Steps
Invention Faq's
Resource Center

New Innovations
Venture News
Innovation Wanted

Patent Strategies For Business Success

Using the United States patent laws to one's own business advantage takes skill and experience, but not necessarily a lot of money. The new (1995), low cost, Provisional Patent Application is intended to be a precursor to the well known Utility patent application, and provides an extra year of patent pending status. It allows the filing of a technical brief prepared by the inventor without legal language, formalities or legal costs and for the ridiculously low US Patent Office filing fee of $80.00 (small entity). When a Utility patent application is filed within one year of the filing date of a Provisional on the same subject, the Utility may claim the earlier filing date of the Provisional. This has tremendous advantages as shown below. Lets look at some common business situations to see when to use the Provisional patent application and when not to. A low cost kit to guide one through the steps and paperwork for filing the Provisional is available.

Challenge "Our product is not patentable for statutory reasons."

Approach File a Provisional patent application to obtain patent pending status and then re-file the same application each year thereafter to maintain such status. The cost is just $80.00 per year.

Challenge "We are operating on a very slim budget."

Approach File a Provisional patent application reserving cash for stronger product promotion which will generate the revenue necessary for a follow-on utility patent application to secure legal rights in the market.

Challenge "A utility patent would not probably issue on our fad item prior to its obsolescence."

Approach File a Provisional patent application to gain the advantage of patent pending status, and then, if the product looks like it will have a longer market life, file a follow-on Utility patent application to secure legal rights in the market.

Challenge "We are not at all sure that our product will sell well."

Approach File a Provisional patent application to gain the advantage of patent pending status and then if the market looks strong, file a follow-on Utility patent application to secure legal rights in the market.

Challenge "We haven't finished technical development yet, but a competitor may file for patent protection before us."

Approach File a Provisional patent application to secure an early filing (priority) date and file further Provisional patent applications as further technical achievements occur, then follow-up with a Utility patent application incorporating all of the provisional applications and securing the earliest priority date for legal rights in the market.

Challenge "We want to license potential patent rights to our new product and negotiate the highest royalty rate possible."

Approach File a Utility patent application directly and wait until the PTO examines the application and responds. Strengthen the application through amendment and then negotiate a licensing deal through this stronger position.

Challenge "We want to raise venture capital for a new product offering."

Approach File a Utility patent application directly and wait until the PTO examines the application and responds. Strengthen the application through amendment and reflect such in the business plan. Then negotiate the funding necessary for the project through this stronger position.

Challenge "Strong competitors are waiting for our new product introduction."

Approach File a Utility patent application directly along with a petition to make special, which will accelerate its prosecution so as to obtain a patent grant at the earliest time possible. Such a patent grant is necessary in order to chase competitors out of the market.

Challenge "We're not sure how strong our patent protection will be." "Is there anything else that we can do to get a stronger patent position?"

Approach Try filing for patent protections on the apparatus of your invention as well as its processes of operation and any products that may result. Also, find out if any of the still active and valid patents that were found in patent searches by you or the Patent Office are available for licensing. Claiming protection under several patents always looks stronger than just one.