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Provisional Patent in progress, but not yet filed
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Tiffany Hoenig
tiffyme82

Eager to enter one of Edison Nation’s contests, i went ahead an submitted it without a patent. Upon thinking about the risks with submitting an idea and disclosing it to anybody, without a patent, I became a little worried and I am currently in the process of getting a provisional patent created. I am in the middle of the application process and I just realized the contest has already started. I highly doubt I’ll be able to file a patent within the next few days. I still would like to remain in this contest, but scared to be ripped off. Is there a quick way to protect my invention while the provisional patent goes through? Or is the provisional patent the only way to get a sufficient amount of protection?

posted February 28, 2010 18:11 (
)

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K J
kabuj

Just to clarify… there is no such thing as a “provisional patent”, it’s a provisional patent application. You will have no “protection” until a REGULAR patent application (RPA)is filed and allowed for issuance of a patent (process usually takes 18 to 30 months). The possible benefit is that you would be able to label your product “patent pending” once you receive a first office action from the USPTO, shich MIGHT discourage others from copying it. You only have the right to go after any infringers AFTER a patent has been issued.

I’m sure others will comment on pros and cons of the provisional patent applivcation (PPA)

posted February 28, 2010 18:45 (
)
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K J
kabuj

one last point…. provisional patent applications do not “go through”. They are never reviewed until and unless a Regular patent application (RPA) is filed, claiming the priority date of the PPA. If an RPA is not filed within 12 months of the filing date of the PPA, then the PPA is null and void (literally destroyed without ever being reviewed)..

posted February 28, 2010 18:49 (
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tiffyme82's Avatar
Tiffany Hoenig
tiffyme82

Thank you so much for claifying the two! I do not have the funds or time to start a regular patent, or else I would. The provisional seemed to be the quickest and most reasonable method of semi-protection or at least a “discouragement” until I can file a patent. Do you think it is a bad idea to enter contest opportunities through Edison Nation until my idea is fully protected? I was thinking about puling it out, because I was scared, but i hate to pass up opportunity when it knocks. UGH!!!!

posted February 28, 2010 20:07 (
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Ken Somerby
reddawg

Remember this story;

Back in May 2004, paralegal Katerina Pew registered a patent for a versatile bra — equipped with numerous hooks and eyelets — that can be worn in up to 100 different ways.
Katerina Pew’s Bra design

* Katerina Pew’s versatile bra

Interested in getting her invention on store racks, Pew scheduled a meeting with Victoria’s Secret in 2006 when, she claims, company designers unexpectedly canceled the appointment. Shortly thereafter, Victoria’s Secret debuted their “100-way Strapless Convertible Bra.”

Naturally, Pew was crushed to see the bra — modeled after her design — on a mannequin in a Victoria’s Secret store. She filed a patent-infringement lawsuit in April 2008. Results of the case weren’t available as of this writing and Victoria’s Secret declined to respond.

Even with a Patent Katrina was ripped off and had to get an Attorney……I would suggest just keep good records, but Edison Nation seems like good people and it would be risky to steal your idea and why would they ruin their reputation by stealing one idea?, when they can make a lot of money by getting as many products on the market as possible and their company can become huge by helping Inventors….

posted February 28, 2010 22:02 (
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Kenny Durham
iwcrew

I would be very comfortable that EN will not do anything dishonest in regaurd to your project. I dont believe you have anything to worry about.

posted March 01, 2010 06:38 (
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tiffyme82's Avatar
Tiffany Hoenig
tiffyme82

Thank you Ken and Kenny for your reassurance. I am excited to be a new member of this site and they seem to be good people (as far as the reviews i’ve seen). I just had second thoughts, as I’m sure many people do when submitting something they’ve worked hard on and made sure not to disclose (even to those they are close to). I just want to make sure that if my idea is rejected, I still have the right to patent it myself…one fine day!!! I guess i’ll just take my chances but keeping good records is a good tip!! Thanks a bunch!!!

posted March 01, 2010 18:50 (
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