Afraid to File a Provisional Patent Application? Don't Be!

In 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.

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[johnferrellesq.]

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!

[nouveau]

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.

[cranna]

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.

[seanmcguire]

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?

[juliomartinez]

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 ?

[nawalelabbassi]

knew you guys from your amazin content but did not know damon Kali, i ve been on analysis paralysis fear your name it mode and this is giving me courage, hes so right i am stuck but if someone asks me about my inventions he ll be stuck hearing me talk about it for more than an hour haha

[SomnoNaut]

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?

[michael.schuler]

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?

[jselectronics]

@3:40 "Enablement, that someone can read your provisional patent application..." WTF??? I thought no one but the USPTO saw it.

[hydraelectricblue]

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."

[harryhoesch]

I found it on your PPA common question segment, with Atty; Jack Ward.

[jessemgodinesjr]

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...

[michaelbouchard]

Would you recommend a prototype or a 3D CAD demonstration when trying to license your agreement ?

[healthmann]

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.

[recessivegenius]

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

[dreamgirl]

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?

[firetigersage]

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.

[adamkilmer]

Hello.. I have an engineer helping me work on my design do I have to include their names on my provisional patent application

[Marcus]

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

[RogerGarrett]

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?