Hi Mireles,
I did a provisional with LEGALZOOM,COM for around 300.00 . Very professiional and I was very satisfied. Good Luck

I had my first look at this service the other day with a potential client that had used LegalZoom. Very impressive. I would recommend though that you use a patent agent or attorney when it comes time for the utility patent though.

LegalZoom Provisional Patent Service Overview
http://www.legalzoom.com/provisional-patents/provisional-patents-overview.html

I bought Patentease several months ago, but haven’t finished my first PPA with it. So far I’m happy with it.

Keep in mind that filing a provisional patent should be done with great care. When you file for your nonprovisonal patent one year later you are not allowed to add any new matter. When you try to sell your invention, your invention will be evaluated in terms of the value of the nonprovisional patent, which can be very different (much less) than the value of the invention if the patent is not drafted well.

Peter Kramer
Ingenium Patents LLC
www.ingeniumpatents.com

I never knew that…so if I already have a provisional patent paid for and done by a company,I can just copy that into a non provisional patent when the year is up?
I don’t need to pay anyone to file the non provisional patent?

I hope I made sense lol

Legalzoom did a great job on my provisional..

I should add that you may not add new matter and get the benefit of the earlier filing date.

You can add new matter in filing the nonprovisional that was not in the provisional application, but you won’t get the benefit of the earlier filing date.

Insofar as not paying anyone to file the nonprovisional, it all depends. If the company filed a provisional application based upon your perfected actual reduction to practice, and with a full set of properly drafted claims, that might be reasonable.

Peter, my understanding is that if you make a claim in a provisional, you may file a utility within one year and include the claims from the provisional as well as other claims. Are you saying that is not correct?

Generally speaking, unless claims are included in the provisional, it may be impossible to add significant claims to the subsequent, non-provisional patent application.

I want Froggie back, he makes me happy like Mr.
Moose.

I heard that Patent Wizard was a good software and easy to use for provisional patents. I have not used it though, it’s on my Christmas wish list.

Bradley,

You can include a claim in the provisional or you can file a provisional application with no claims at all. Either way, when you do write your claims, you cannot add new matter and enjoy the benefit of the earlier filing date for the new matter. Any matter you add that was not supported by the disclosure in the provisional application will be considered as new matter and will be given the filing date of the nonprovisional application.

Incidentally, properly written claims should be fully supported by the description, so if your provisional app is well written such that the written description fully discloses the invention including best mode and other embodiments, enablememt, etc., adding claims at a later date should not create any new matter issues.

Just a footnote here.

If you filed an application and later introduced new matter via a new claim, the PTO would not reject on grounds of adding new matter (35 USC 132) but rather would reject for lack of support (35 USC 112).

If you amend to put the new matter in the specification rather than the claims, then you would be hammered with a new matter rejection.

PS Properly speaking, claims are part of the specification. The distinction here between spec and claims is, however, common parlance.

I just used the PatentEase program and reading the NOLO book on patent it yourself, drawing and the like, I just create a regular patent application with the software and file it as a provisional patent and file the regular patent application with no changes.

I found this site (I don’t know anything about them) and it was the least expensive I’ve found so far…

https://patentmatch.net/

Hope this helps.

I looked at patentmatch.net and if you can answer their questions why would need to give them the $99? All they’re going to do with your answers is put them into a single document, add your name and address, upload to it to the PTO using the PTO website for free and you have a PPA. I suggest buying a book about PPAs and learn more. I thought you needed at least one drawing.

If you need a a patent application, I would recommend ThePatentOffice.com, here is a link: http://ThePatentOffice.com Their site has a lot of great information as well. I filed two applications with them and the results were excellent.

It is not an invention promotion company. Instead, it is run by patent attorneys and they simply focus on generating professionally drafted patent applications.

Customer service is top notch and if you call, you are always talking to a patent attorney. To me that was huge. They have a Better Business Bureau rating of AAA, which is the highest rating and means no complaints.

And their fees are very reasonable when you consider the service and the quality of the patent application they provide.

Bill

Frankly, I can’t understand why so many inventors feel confident writing a PPA (provisional), but not in filing an RPA (regular patent app). There is nearly no difference. Essentially, the only difference between the 2 is that an RPA needs claims filed with it….

Well, if you don’t feel confident writing claims, then why do you feel confident writing the specification? Your claims that you must file by 1 year in your RPA must have prior basis written in your specification in as broad of language that you care to claim. Thus, your specification must be written specifically enough to teach those skilled in the art how to make and use your invention; But also written broadly enough to later write broad claims based on your specification.

If you do not feel confident in writing your specification in this way, then your PPA is vastly good for nothing, and if you display your invention in public, you will most likely lose all of your practical rights to your invention.

My warning is this:

If you are serious about your invention, do not file a PPA yourself if you would not file an RPA yourself. If you can write a PPA, you can write an RPA, and if you lack confidence in 1 you should lack confidence in the other.

I guess I have slightly different opinion than Cody based on my limited experience of only written three patents and two PPAs. Cody is correct in that writing a good PPA is non trivial because you not only have to write about your specific idea well enough with drawings that someone else who knows about products similar to yours could easily figure out what you are proposing, but ideally you need to de-contruct your idea to it’s very essence and discover what is really novel about the idea compared to the other like products out there. Once you really know what is novel about your idea, you should be able to document that and show multiple other ways how you could apply that same novel idea in other products. If you can do this, then you have a better chance of writing a more valuable PPA and ultimately a more valuable patent.

In respect to writing your own patent application, If you spent the time and wrote a good PPA covering different applications of your novel idea then writing most of the patent should be relatively straight forward with the exception of the claims. Having written multiple sets of claims myself, where spending 20-30 hours on a half page of words is more the norm than the exception I would seek professional help from a patent attorney or agent. Everytime I have had my claims reviewed by a patent professional I have learned some new tricks about claim writing.

I have just gotten a copy of the patent writing software called “PatentEase” that will write the claims for you besides help with writing the application, but from what I can tell so far the claims are only as good as to what word material you put into it. The expression “Garbage In, Garbage out” comes to mind. I think the program will be useful, but it is not for beginners. You can aslo use the same program for writing the PPA.

I also have used PatentEase, but currently use PatentPro. Both are essentially just glorified word processors. I use them for the formatting and use of their copyrighted disclaimers. Thus, it’s not really the software that I pay for. Rather, the copyright usage of the formats, and disclaimer language.

If I could have just copied from a book, it would have been just as well.

Though I mainly use the techniques and principles from “Patent It Yourself” by David Pressman, I just don’t like his format and disclaimer wording style use in the application itself…

I don’t get the value of the software for provisional applications. The patent office does not examine them and there are no formal requirements. What is the benefit above just using a word processor?

Antonio,

Do not underestimate the improtance of the content of a Provisional. Refer to following post for insight:
http://www.edisonnation.com/forums/patents/topi...

I read that post and I still don’t see the value. What does the software do that you cannot do yourself? As a bit of background, I am a patent attorney and I have filed a number of provisional patents that were merely a collection of the inventor’s papers and there has never been an issue. Why do inventors need to spend money on the software if all they need to do is submit whatever description they can put together?

Antonio,

My apologies, I don’t think I read or understood your original post entirely. I thought you were questioning the necessity and/or value of a Provisional Application As a Patent Attorney I guess not. For what it’s worth, If the provisional software does not help the lay-person write a substanitive application , I guess I would not see the value either.

But, since I am not familiar with the software, I guess I really cannot speak to the specifics of it.

Re Specifics: I haven’t tried other patent-writing software..which may be just fine… but I’ve found the PatentEase program from InventorPrise, inc extremely helpful to clients in preparing both provisional and non-provisional patent applications..and with drawings. The software helps the inventor express her/his invention in format and key detail satisifying USPTO disclosure requirements (for full clear disclosure in either PPA or NPA).
As a kind of “head start” program, Clients who arrive at my inbox with patent software-drafted input (as compared to a bunch of sketches and cryptic notes etc.) save themselves a bunch of cash. They could of course file software-prepped PPA’s on their own…as well as NPA ‘s since this particular software crafts claims, too. It’s best, though, to let a licensed patent agent/attorney smooth out the wrinkles. All the best. DonKelly@patentagentplus.com

Owning a patent gives you the right to “exclude others from making, using, offering for sale, or selling” your patented invention. Patent infringement occurs in every industry and sector of the economy, and the job of fighting patent infringement falls on the shoulders of the patent holder. All the Patent Office does is issue patents. They do not pursue or investigate claims of patent infringement even when they are brought to their attention!

Assertive Licensing
Patent Enforcement
Patent Infringement

I don’t know what this “infringement” posting has to do with the current Provisional Patent Application , PPA, topic…but will add to Chane’s listing of exclusion rights pf patent owners: “from…importing.” This is really important in the current national order where mass numbers of consumer goods are made abroad. Also, with respect to “infringement” there is a correlating duty on the part of competitors to avoid infringement…and certainly purposeful infringement. All the best. DonKelly@patentagentplus.com

From:
http://www.mxlegal.com/blog/bid/31104/Benefits-...

“Though provisonal applications face few formal requirements, they only provide value as a priority filing if they satisfy the rigorous patentability standards of written description, enablement, best mode, etc. Explaining the details of these requirements would require too much space for this post, though, in short, the invention needs to be described in full and exacting detail. If your description and drawings are in any way incomplete (or even if you describe the invention in the wrong way), the provisional filing may have little or no value and your invention will not be meaningfully protected.”

That’s the problem, and why most inventors self-done PPA’s fail to support their later filed RPA… For example, if you use the word “flexible” when you should have used the word “resilient” when describing material, you would probably end up screwing yourself over. You may think you know what a word means, but you better make sure you know exactly what every word means that you use in your application. Also, you shouldn’t use words like “top” (which could have several meanings) but rather more defining words like “apex” instead of top.

It is my experience that in almost all cases, you have not adequately described your invention unless you have at least 3 drawings and refer to each in your spec. A simple perspective view is nearly never sufficient; you should most likely have at least one cross-sectional, top plan, or front elevational view as well.

This paper is on topic and covers the drawbacks of a poorly written provisional patent application (I have no connection to the website posted):
http://www.patenteducation.com/images/200906_Li...

On a second note, I don’t see the value in paying an extra $200 for a “patent software tool”. What value does it add since you are doing 99% of the work anyway? I have been drafting and filing patents for 10 years and if you take a few hours to understand what must be included in a patent application (hint: read a few related patents online to see what they include), you can write one yourself, convert it to a .pdf file, then file it on the USPTO.gov website for $110 and save $200. I understand the process is confusing at first but there are plenty of helpful and nice people (like the ones on this website) who can give you guidance for free.

It’s been many years since I received my patent. Rather than typing the whole “mess” I went through post-patent-issue, please refer to my previous post at “Do I Need A Patent”.

Anyway, if I may add my 2 cents based on my experience: Hire a patent attorney. Hire a human being. Ask your attorney what work you can do YOURSELF to save some money, but otherwise, having a relationship with a patent attorney could prove to be VERY beneficial later, when you begin to experience the “world” of patent ownership. Lots of legal issues can arise – and even consume you.

If I were to go back in time – given I had to scrape to get the money to pay for our attorney – I’m sure I would have done anything to have the option for a “do it yourself” program. However – today – after what I went through, I am GLAD that I didn’t have that option back them.

It turned out we NEEDED our attorney post-patent-issue. It didn’t save us in the end, however, a computer program can only spit out documents, and it wouldn’t have been of any use to us either.

Best of luck to all who are pursuing their dream. :)

You don’t need an attorney to file a PPA!

As STEVEN KEY inventor of the “Spinformation label” says Lawyers sell FEAR. FEAR = False Reality Appearing Real

A PPA should include a very detailed disclosure, method of manufacturing with as few steps int the process that you can conceive in order to protect yourself against a step in the process being eliminated and opening up the door to your process being obsolete and/or someone else making a non obvious improvement to the process like COST and/or TIME REDUCTION. and most of all a BROAD CLAIM that Covers every species of your invention that leaves the door open to covering future improvements also.

Remember you know more about your invention then ANY lawyer or Patent officer will ever know. You know why your invention is so great and this knowledge will allow you to draft a decent claim thats broad enough to protect you against being denied a year later.

Get “patent it yourself” and find out why Knowledge is power!
Never let someone else do for you what you can do better if only you knew what they knew on the process of how to do it!

Now I’m not stating that everyone qualifies to write a PPA but in my opinion I believe that most persons can do it themselves just as good as a lawyer can if they only study and educate themselves on how it’s done.

Fall back protection of doing the PPA wrong would be a very well kept “Inventors Notebook” Which established Priority long before the PPA was ever filed and will serve as the deeds to your invention during any “interference”

Hope this was helpful, RAY A.

After I did a lot of research on the different ways to file a provisional I used www.patentmatch.net. This web site is a real registered patent attorney so you work directly with your patent attorney and not with a third party. Michael Ries answers the phone and is registered with the US patent office as a patent attorney. He answered my questions and filed the provisional within 2 hours. His web site www.patentmatch.net has an intake format to make the submission easy. He reviewed all the information and made sure it was properly filed with the patent office providing an official filing receipt with in the 2 hours promised. He charges $99 to file and do a patent attorney review, suggestions, basic claims and correction of the papers going into the patent office. This guy is a full service Intellectual Property Law firm so I will have him file the non provisional when I am ready and my trademark. He also helped me market my invention for free. For me $99 was a smart choice to make sure this was filed correctly and quickly. In the end if I read a book and filed it myself what if I did it wrong, so I decided to hire a professional to take care of this impotent step for me.