Kelley Keller

Trademark Attorney & Business Legal Coach for Digital Entrepreneurs

  • Home
  • About Kelley
  • Learning Center
    • Free Business Resources for Entrepreneurs
    • Rock Solid Business School
  • Speaking
  • Blog
  • Contact
JOIN ENTREPRENEURS AND BUSINESS OWNERS JUST LIKE YOU AND STAY UP TO DATE ON NEWS AND INFORMATION THAT MATTERS!
  • This field is for validation purposes and should be left unchanged.

How to Protect Your Invention Before It’s Too Late

November 28, 2015 By Kelley Keller

How to Protect Your Invention Before It’s Too Late

If your invention has already been offered for sale to the public, then you’ve probably lost your opportunity to patent it.

There was a time when you could try to sell your invention before you filed for a patent. Inventors had one year from the date they first tried to sell their inventions to file a patent, but that one-year grace period disappeared on March 16, 2013 when new legislation went into effect.

Today, if you try to sell or actually sell your invention without having first filed for a patent, there is a good chance your possible patent rights will be barred for all patent applications filed after the first date that you sold or offered to sell your invention.

Long story short, before you attempt to sell an invention, you should file a patent application.

Hold Your Place in Line with a Provisional Patent

Recently, the U.S. has shifted from a “first-to-invent” system to a “first-to-file” system. That means the first inventor who submits a patent application is given priority to the rights.

However, not every inventor has the resources to move forward with a full patent application. Fortunately, you can start the process of filing your application before someone beats you to it by filing a provisional patent application.

In simplest terms, a provisional patent application requires less information to be filed than non-provisional applications. Like non-provisional patent applications, provisional applications are national applications filed with the U.S. Patent & Trademark Office (USPTO), but that’s where the similarities end.

You can file a provisional application with only a written description of your invention. Drawings, claims, and other information that must be included with a non-provisional application are not required. Your provisional application isn’t actually reviewed by the USPTO. Rather, it holds your place in line for your anticipated non-provisional patent application.

Keep in mind, your place in line will only be held for 12 months, so you have to file your non-provisional application within 12 months of filing your provisional application or you’ll lose your spot in line and your rights.

Top 3 Benefits of a Provisional Application

1. Timing

A provisional patent holds your place in line in the “first-to-file” system, so you can claim your invention as soon as possible while you work out all of the details. They’re also much quicker to file than a non-provisional patent.

2. Simplified

A provisional patent application requires less information than a non-provisional application. You can submit a written description of your invention and continue to work on the wording of claims, drawings, and so on for 12 months until you’re required to submit them as part of your non-provisional application.

3. Cost

A provisional application is much less expensive than a non-provisional application. Your filing fee could be as low as $130 if you qualify as a small entity or $65 if you qualify as a micro entity.

Top 3 Negatives of a Provisional Application

1. Examination

A provisional application will not be reviewed by the USPTO. That means your non-provisional application could be denied when you submit it at a later date.

2. Limitation

A provisional application is limited to the written description of the invention. If you file a non-provisional application at a later date that changes some features of the invention or adds new features that were not described in the provisional patent application, those features will not have the same priority that the features in the provisional patent had. In other words, a space wasn’t held in line for those changed or new features.

If you need to make changes to your written description before you’re ready to submit a non-provisional application, file another provisional application to get your place in line.

3. Finite

A provisional application cannot turn into a patent. You will always have to file a non-provisional application (either by converting the provisional application or by separately filing a non-provisional application) to get your patent.

In other words, you’ll have to pay for the non-provisional patent at some point, so if you’re not worried about anyone else claiming your invention, you might choose to wait and only file the non-provisional application.

The Takeaway

Long story short, provisional patents are extremely useful in protecting your inventions. They’re much less expensive than a non-provisional patent and give you a way to stake a claim on your inventions as early as possible.

Remember, it doesn’t matter who came up with the invention first. It matters who claimed it first. That’s why investing in a provisional patent is so important.

About Kelley Keller

Kelley Keller, Esq. is an intellectual property (IP) attorney, speaker, and educator with two decades of experience in the IP field. She works with individuals and businesses in a wide variety of industries helping them transform their ideas, knowledge, and innovation into valuable business assets that drive profits. Kelley offers education to established businesses, startups, entrepreneurs, corporate executives, non-profits, government agencies, legal professionals, and students about starting and growing a business as well as about IP, social media law, and the importance of protecting valuable brand assets and creative work.

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

STAY UP TO DATE

Join business owners just like you and stay up to date on news and information that matters!

  • This field is for validation purposes and should be left unchanged.

Browse Articles by Category

  • Branding
  • Commentary
  • Contracts and Agreements
  • Copyrights
  • Courses
  • Employees
  • Entrepreneurs
  • Family Business
  • Finance
  • Free Resources
  • Infographics
  • Intellectual Property
  • Learning Center
  • Legal
  • Marketing
  • Patents
  • Small Business
  • Social Media
  • Starting a Business
  • Startups
  • Supply Chain
  • Tax
  • Trade Secrets
  • Trademarks

What People are Saying about Kelley Keller

Lisa Frederiksen | Author, Speaker, Trainer, Consultant at BreakingTheCycles.com

Kelley works differently. After an initial phone conversation (I live in CA and she's in PA), she drafted a scope of work for both efforts and set a flat fee which included (and still includes) the back and forth conversations a client needs in order to get the best results. She is extremely knowledgeable and truly able to "hear" what I'm after and create meaningful legal documents and advice that have helped me immeasurably. I highly recommend Kelley Keller.
2016-04-23T10:27:42-05:00
Kelley works differently. After an initial phone conversation (I live in CA and she's in PA), she drafted a scope of work for both efforts and set a flat fee which included (and still includes) the back and forth conversations a client needs in order to get the best results. She is extremely knowledgeable and truly able to "hear" what I'm after and create meaningful legal documents and advice that have helped me immeasurably. I highly recommend Kelley Keller.
http://kelleykeller.com/testimonials/lisa-frederiksen/

Kelly Phillips Erb | Senior Editor at Forbes

Kelley was able to explain complicated legal issues in a manner that was easy to understand without being patronizing. She was also great at talking me down from ledges - it was easy to get worked up when opposing parties weren't being cooperative but Kelley advised me to trust in the process and she was right.

Kelley explained my costs and options, as well as the pros and cons of each. She also kept me informed about my matter, letting me know what I needed to do at the appropriate time. All in all, I felt very involved in the process without being overwhelmed. Kelley made a wildly stressful situation so much better. I would highly recommend her services.
2016-04-23T10:42:43-05:00
Kelley was able to explain complicated legal issues in a manner that was easy to understand without being patronizing. She was also great at talking me down from ledges - it was easy to get worked up when opposing parties weren't being cooperative but Kelley advised me to trust in the process and she was right. Kelley explained my costs and options, as well as the pros and cons of each. She also kept me informed about my matter, letting me know what I needed to do at the appropriate time. All in all, I felt very involved in the process without being overwhelmed. Kelley made a wildly stressful situation so much better. I would highly recommend her services.
http://kelleykeller.com/testimonials/kelly-phillips-erb-senior-editor-forbes/

Charlotte Avery | CEO at Being Charlotte Avery

Words cannot express how much I appreciate Kelley Keller. She has helped me and my business on so many levels. Whenever I have a question I always know that I can call her and she will give me the best advice/counsel. I know that my business is in good hands with Kelley.

Kelley, THANK YOU for EVERYTHING!!!
2016-04-23T10:46:03-05:00
Words cannot express how much I appreciate Kelley Keller. She has helped me and my business on so many levels. Whenever I have a question I always know that I can call her and she will give me the best advice/counsel. I know that my business is in good hands with Kelley. Kelley, THANK YOU for EVERYTHING!!!
http://kelleykeller.com/testimonials/charlotte-avery-ceo-charlotte-avery/

Ruth Koup | Founder of Suits to Careers, Inc., Dress for Success South Central PA & Tied to Success

Kelley Clements Keller, Esq has been a huge support to the launch of our new umbrella organization, Suits to Careers, Inc. and the branding and trademarking of our men's program, Tied to Success. We could not have navigated this transition without her support. Many thanks.
2016-04-23T10:49:27-05:00
Kelley Clements Keller, Esq has been a huge support to the launch of our new umbrella organization, Suits to Careers, Inc. and the branding and trademarking of our men's program, Tied to Success. We could not have navigated this transition without her support. Many thanks.
http://kelleykeller.com/testimonials/ruth-koup/

Matt Bloom | Founder & CEO of CRIMEWATCH Technologies, Inc.

Kelley is an exceptional IP attorney. She understands the legal nuances facing start-ups and is willing to work within those restrictions. Kelley is casual and easy to work with, but when it comes to legal action she is aggressive and takes charge. She has successfully helped us secure coexistence agreements and trademarks for our business. Here expertise has added exponential value to the technology we have built and I would highly recommend her to anyone seeking IP representation.
2016-04-23T10:53:29-05:00
Kelley is an exceptional IP attorney. She understands the legal nuances facing start-ups and is willing to work within those restrictions. Kelley is casual and easy to work with, but when it comes to legal action she is aggressive and takes charge. She has successfully helped us secure coexistence agreements and trademarks for our business. Here expertise has added exponential value to the technology we have built and I would highly recommend her to anyone seeking IP representation.
http://kelleykeller.com/testimonials/matt-bloom-founder-ceo-crimewatch-technologies-inc/

Zachary Ziegler | Brewmaster at Molly Pitcher Brewing Company

Kelley is not only extremely knowledgeable in the realm of intellectual property, but she made the whole process fun! It's not often you hear fun and legal work in the same sentence but Kelley's personality eased my worries while keeping me upbeat the whole time. She explained the entire process in language I could understand and kept me updated continuously. I would not hesitate to work with her again or refer her to my friends and family.
2016-04-23T10:54:48-05:00
Kelley is not only extremely knowledgeable in the realm of intellectual property, but she made the whole process fun! It's not often you hear fun and legal work in the same sentence but Kelley's personality eased my worries while keeping me upbeat the whole time. She explained the entire process in language I could understand and kept me updated continuously. I would not hesitate to work with her again or refer her to my friends and family.
http://kelleykeller.com/testimonials/zachary-ziegler-brewmaster-molly-pitcher-brewing-company/
35 E. High Street
Carlisle, PA 17013
717-386-5035 • 800-971-2979HELLO@KELLEYKELLER.COM
Terms of Service  |  Privacy Policy  |  Disclaimer

Your information will never be shared or sold to a third party.

©2016-2018 Kelley Keller, Inc.