I wish you went into more detail on the provisional patent application. I thought the PPA was supposed to be the slimmed down version and gives you a year to file the actual application.
The PPA is indeed less formal, but in no way should it be seen as a "slimmed down" version. You should think of it as perhaps a "less detailed" version instead. What i mean by that is you must cover as broadly as you can all potential embodiments and versions of your invention in the provisional, and that should take quite a bit of time. You cannot just mention those embodiments, you need to enable them, meaning, explain them such that someone of ordinary skill in the art would be able to make/use the invention. It's not until the nonprovisional, that you are ready to get detailed, and focus your specification description around the numbered set of claims, perhaps you've done some prototyping in the past several months since filinig the provisional, or gathered customer feedback from sales, or you conducted market research and have built a final market-ready design - THAT is what you will focus on, so you'll actually "slim down" your nonprovisional, meaning, ignore some aspects or parts of your provisional, and focus on just those parts of the nonprovisional that you are claiming, those aspects you're going to market with, and go deeper on those.
J.D. thanks for the effort you put in to make these videos! I am writing a master's paper on the patents process and your content has been unbelievable healpful! Just wanted to give you a heads up that I did not receive an email, or at least couldn't I find it, when I clicked for the free book. Thanks again for all the info!
Happy to help! Shoot me a copy of your thesis, I'd be happy to review/provide edits if you'd like. Also, send me what link you clicked to get a book. I need to fix it if its broken. Email me: jd@boldip.com.
Great videos, thanks for sharing. Would it be possible for you to share the link to the graphic shown at the beginning titled "process for obtaining a utility patent"
Remember, there is no such thing as a "provisional patent". There is a "provisional patent application" though :) I do explain in this video what you need to do. What more were you looking for specifically?
I have 0 experience and never imagined myself actually inventing something but I have an idea that has been itching my brain for months, thinking of different models and everything lol. It’s something I would love in my own field of work and some trusted others I’ve told in the same go feel the same way. Thanks for the tips lol 🙏
A bit confusing .. the title of the video is about filing "provisional" but you seem to describe and specify the parts of a full patent application??? Are all these required for provisional ?
Thanks, Mo. Yeah, I just rewatched the video. It does focus the majority of the time on how to write a really good specification through 9:50. I think after that, there was an editing mistake, I do make mention of all of the formality documents (IDS, Claims, PCT, etc.) that all happen at the NPA phase, not at the PPA phase. good catch.
Question: Is there any specific template/formatting required for that document? Are these questions asked within the online application or would you be uploading a word as a PDF?
Jose, sorry for long delay - there are a lot of forms/documents referenced in that video, if you're talking about the form to file with the USPTO, the primary one is the application data sheet (ADS). This ADS form and many others are found at USPTO.gov here: www.uspto.gov/patents-application-process/applying-online/form-fillable-pdfs-available
You're most welcome! Let me know if you'd like to learn about any other topics. If you're ready to move forward with your project, please click this link here to get started with uscalendly.com/business-consultations/am06-youtube:
I enjoyed the video Jamie thank you . I very green when it comes to Product Developing . I've watched many clips of different companies and professionals explaining how to create a solid PPA. Almost everyone except yourself I said to keep it very short . You were the only professional that said you should go into full detail . Does your company have a 1 800 number ?
If you file an international patent application (the Patent Cooperation Treaty is the most common) then you DO preserve the right to file into many foreign countries to prevent others from making/using/selling overseas. Note, that even if you only have US rights and don't pursue international rights, you still would have the right to prevent others from selling to US consumers online.
Dear Expert Is there a rule covering how reference numbers need to be narrated in the detailed description? I mean, is there a rule to follow where when describing the invention, reference numbers being mentioned must be mentioned in ascending order only? For eg. Can we describe in this way : Car 100 comprises an engine 120 and a carriage 110. Or is it that we must write it this way : Car 100 comprises a carriage 110 and an engine 120? Must the numbers be mentioned in ascending order only?
There are not requirements on exactly how to phrase/describe your invention with respect to the figures. However, there are requirements for the specification (also called written description) under MPEP 2163. Here is a link: www.uspto.gov/web/offices/pac/mpep/s2163.html. Also, another great way to learn how to describe elements in figures is to read through top-caliber company's patents (IBM, Google, Amazon, Microsoft, Boeing, etc.). To research other patents, just visit Google Patents (patents.google.com/)
nice detail on the subtlety of title, narrow/broad, inventor tendencies to think "no competition", .... practical help for an inventor filing their own provisional !
Loving the video! This is diverting from asking questions about the process, but what's your opinion on other manufactures internationally stealing a patent pending design that is currently on the market? To give some context I have a product that has the same market share of products made and sold from China through Aliexpress. The current behaviour of sellers are selling a patented product that they don't own the patent to, selling till the host website closes the store, and then opening another store to repeat the process again.
Yes, it is a shame this occurs. The key is to work with a savvy patent attorney/firm (hint hint**) to help you go after not just the small company that is ripping people off but to find out who is the bigger-pocketed manufacturer that is the upstream supplier (also infringing). This isn't easy, but its a way to make it worthwhile. Also, you can go after ITC proceedings to stop the shipment of products through customs for quicker response than through traditional federal court path.
@@boldpatents I'm curious about some court cases you heard about where either plan was successful, do you have any that come to mind? Also as a comment about going after ITC proceedings, how effective is this method if that path was sucessful? It seems easy to slip in a non-compliant parcel into a freight container when there would be limited checks on the container on either our end or theirs, as well as possible corruption from the package receiver to not flag parcels that are not compliant.
You're so welcome! A PCT is simply a placeholder which points back to the priority date/filing for your country of origin. I have a good video on PCT/International filing here: ru-vid.com/video/%D0%B2%D0%B8%D0%B4%D0%B5%D0%BE-0v25QlSQCIw.html, also here is a blog article:boldip.com/international-patent-applications/ and here: boldip.com/faq-how-do-patents-work-internationally-bp/
You're most welcome (sorry for delay in answering) - and absolutely, you can publicize your invention and start to make/sell it after you are patent pending, just note that this does increase the likelihood of copycats/infringers - and you'll want to make sure you can move forward with gusto to dominate the market. It may also mean you want to file the non-provisional patent application quicker.
At the provisional phase, what is most important is to have a broadly enabled description of as many versions of your invention as possible. After filing a provisional, many inventors begin prototyping, testing, manufacturing, and making improvements to their invention. Locking yourself into a set of claims too early can limit patent rights as you would not have known about the improvements/modifications at the onset.
This video is so helpful! Really appreciate it! Though I do have a question regarding the Alternative Embodiments. Are alternative embodiments always required? And if one is included in an application, (e.g. different industry) would that inclusion impact the ability to create a second patent with those alternative embodiments in mind for a different industry? Thank you!
Great question! No, alternative embodiments are not required, just strongly encouraged. No! You are able to file a continuation or divisional application to get multiple patents from just one single filing! This will require you to do so prior to the parent (initial) patent application being issued/granted. The chain of continuations can go for many many years and you can quickly expand a patent portfolio covering well beyond your initial go-to-market plan/industry. Email me for more: jd@boldip.com.
Glad you liked it! - you can email me directly at jd@boldip.com, or visit www.boldip.com and schedule your free session with one of our advisors today.
When you list Prior Art do you only list patents that are listed on the USPTO or do you list all of the similar ideas that you know of, that are not patented that are competitors?
Don't list prior art in the provisional, you'll do that at the nonprovisional phase called the Information Disclosure Sheet, where you will identify the patents you know of as well as any publication that is relevant.
Hey , I'm trying to write a patent myself here in Canada. Im trying to describe all 20 part in incredible detail with dimensions and angles. It seems very complicated. Is this throughout detail important?
Nice content, keep it up :) May want to reduce the background music volume just a little bit It's almost as loud as your voice sometimes, pretty distracting
Maybe! If your “website idea” has novel functionality and or novel design (user interface) it IS likely patent eligible. Software and intangible inventions are very patentable!
As of now, there is no way to submit videos to the USPTO as part of the specification. I think in the new few years, they may adapt/allow. For now, its just written documents and 2D drawings.
Just paused video at 5:25 so far your advice has been excellent and of course I'm writing down everything I can. Thanks in advance and also do you all still help with this process more formally via: phone calls / emails etc. ?
You're welcome, Santana! The best place to start is to set up a free screening session to see if we are a good fit for each other and if patenting is right for you now. Here's the link to our site: www.boldip.com/contact. I look forward to helping you!
If the inventor keeps their description of the invention confidential (meaning only documents it within their own company, or only tells an attorney), they may decide to keep that disclosure as a trade secret for a lot of reasons. Primarily, that reason could be that they don't believe the product/solution would be reverse-engineerable, and therefore, best kept as a trade secret.
@@boldpatents let's just say I invented a new computer chip that is flexible and waterproof do I have to disclose how I made it flexible and waterproof
@@drweiss8 If you are applying for a patent on the computer chip, the invention must be enabled such that someone in the field/industry would be able to make it using current/known tools/equipment/processes. So, if you developed a novel method of fabrication as well, you should seek protection on that process/method along with the device - this will likely be at least two separate patent families.
Yes, this is a common mistake that many inventors have that a provisional can be very basic 1-2 pages type of thing. This is SO false. Your provisional must serve as the basis of your later-filed nonprovisional application. ALL of the detail of the later-filed claim-set must be able to claim priority back to the provisional in an enabled specification covering all conceivable alternative embodiments. It's true that the formality does not need to be there for the provisional, but all of the content does.
Hello hope your well and thank you for your video. Question : how does one protect the main idea from the lawyer they approach for patent advice before they have confirmed they want to move forward with that firm? Thank you.
Thanks for your question EE. Lawyers swear an oath of ethics and professional responsibility, specifically with regard to keeping client confidences as to prospective clients we speak with, active/current clients, and even past clients. As Patent Attorneys, we have a secondary oath/responsibility we swear an oath to with the USPTO when we take and pass the Patent Bar Exam and by holding an active patent bar license we must adhere to keeping inventor confidences just the same as the lawyer side. You must be willing to speak with a patent attorney first. I wrote a blog article on how to interview/find the best patent attorney for you here: boldip.com/questions-to-ask-a-patent-attorney/
Yes, it is :)) To learn more please check our website out at www.boldip.com and/or give us a call at 800-849-1913 and talk with one of our reps. Don’t get duped by a marketing/sales/brokering firm. Get the legal advice you need now.
That would be a utility provisional. The compositions of matter is just confirming that it is an eligible type of utility filing, and you don't need to specify that directly in your specification.
@@boldpatents If i am not mistaken, isn't utility patents strictly for how the invention operates? so for example - an apparatus with a moving swing that pushes something. I am interested in patenting a chemical compound like the ingredients of a toothpaste. How will I go about this? Thank you very much for your guidance!
@@seanlee4669 There are only three types of patents available to get from the USPTO: Design, Utility, or Plant. Design patents protect only the shape a 3D object, Utility patents protect the functionality of the invention, and Plant patents protect the botanical structure of the plant itself. What may help you is knowing that there are 4 major sub-types for Utility patent claim types: 1) Apparatuses/Devices, 2) Assemblies/Manufactures, 3) Methods/Processes, and 4) Compositions of Matter. So, your invention seems to fall under Utility. The first step for you would be a legal consultation to determine eligibility, and from there, likely a detailed patent search with legal opinion so you can appreciate the potential scope of claims prior to filing an application. We offer a free 20 min screening session to see if you are a good fit for us. You can schedule here: calendly.com/business-consultations/am06-youtube
Hello I have an idea to improve recycling process and can be implemented nationwide if not world wide. It’s a process that would implement existing technology to improve recycling process. Is it logical to try to patent something like this and can it even be patented?
Yes, a recycling process that is novel is most likely eligible. Let’s discuss more in confidence about your invention. Schedule a time with us here: www.boldip.com/contact or Email info@boldip.com to get started.
Yes! Utility patents are the only type of patents that you may file a provisional application for. Note there is no such thing as a provisional design patent application. I should’ve noted that a provisional is optional and many opt instead to file Nonprovisional applications straight away!
Very informative vid, thank you! I have a question that I couldn't find an answer to. If the federal government funds research, can we as taxpayers benefit from that research, and use the results of that research in our product innovations? For example: government funds a university professor to study fireants. The professor finds that firearms are attracted to the color red. Can I as a product developer use that info in designing a product that tries to bait ants? Ty!
You're most welcome! I am no expert on government institutions, so little caviat there. As for your example, assuming the research was not classified, and the report was published to open forum/magazine/journal, then YES, you may use that information however you wish. That said, as with any commercial endeavor, to be conservative, you should work with a patent attorney to conduct a Freedom to Operate opinion (assuring no patent holders have rights on what you are selling or plan to sell).
how does one write a PPA for a simple device designed to work with an existing product, ie. an aftermarket add-on? does one quote the name, or patent number for the original item in the Title? Description? Can you point us to an example of a PPA too see?
Carlos, my hope was that this video would help you understand more about how to write a provisional patent application (and yes, help you see the value in hiring a professional Patent Attorney to help you) too ;) If you want to learn more, I wrote a long-form blog article on point here: boldip.com/blog/how-to-file-a-provisional-patent-application/. Yes, we have an example PPA on our website as well here: boldip.com/wp-content/assets/2018/04/Ice_Net_PPA_Specification_001.pdf
I checked your blog but still haven't been able to find the answer. My intention is an aftermarket add-on to an existing commercial product. I'm trying to find out if and how to reference the original product. By the product name? Patent number? both?
yes, for some very simple inventions 5-12 pages would suffice, but for more complex software/computer-implemented inventions, there is a LOT that needs to be laid out plus many versions/adaptations that need to be fully described in the provisional in order to later claim them in the nonprovisional.
I've never seen a bad sketch! haha! Don't be shy - doodles, back-of-the-napkin drawings, I've seen it all. Anything that will help someone else "get it" works.
Change made! I decided to go with "How Do I Write a Patent Application?" I think the general public appreciates "write" instead of "draft", its a little less legal-beagle. Thoughts?
@@boldpatents I applaud your openess to (constructive) criticism. Wish you the best ! BTW, the video was good, just not what I expected from the title.
@@boldpatents I have emailed you the screenshots which may be just a certificate error my Anti-virus software doesn't like or something else. Hope it helps.
in the "patent claims" section, do you need to include the design aspects of it or purely the utility? also, if your invention can prevent damages occuring to another tool but has no other use case is that considered a utility? or does your invention have to do something as well?
In a utility patent application, the written claims must claim the invention functionally. A utility patent may only provide exclusivity for functionality, not design. However, if done well, it can encompass enough scope such that any design will infringe upon it. If your “functionality” is preventing damage, that absolutely is eligible and does provide sufficient utility. However, it still must be novel and nonobvious in order to be patentable.
Hey J.D. I wanted to know from your experience how long a patent process would typically take when you hire a firm as I’m not yet fully aware of the expectations I should have as a client. What should I expect from a patent lawyer with keeping me in the loop, wether that’s weekly updates or just step by step updates? Also how long would each individual stage roughly take? I understand that there isn’t an exact answer on time required for each stage as I imagine it would depend on the invention but I would like some sort of idea.
Here is a blog article on what to ask a patent attorney before hiring them: boldip.com/questions-to-ask-a-patent-attorney/. I also have a blog article on our 9-steps that we take as a law firm with clients here: boldip.com/go-big-go-bold-9-step-patent-process/. I also have a simplified flowchart showing the ABC steps with timelines on each step here: boldip.com/how-to-patent-an-idea/
@@ATF7839 You're welcome. If you have any follow-ups feel free to email jd@boldip.com or if you'd like to see if we're a good fit for you, schedule here: calendly.com/business-consultations/am06-youtube
Hello What good is a PPA If while I'm selling my Patent Pending product, someone copies it and and there's nothing I can do about them since I can't sue them? Thank you
Great question! It will allow you to put the infringer on notice with a letter, then quickly file your Nonprovisional Patent Application (NPA), expedite it -and get your patent rights soon., and sue for treble (triple) damages if they are still infringing. Or, you could license/sell your rights to the infringer either while your application is pending or after you get your rights granted.
Hi, can you please advise whether the non-provisional patent can be filed on the name of a firm or an LLC instead of just the individual who filed the original provisional patent? In other words can I use a newly formed firm's name in the transmittal/ cover sheet while filing the non-provision patent application where the provisional patent has just my name as an Inventor? Thank you!
Yes, you can file with the business/LLC as the applicant for an NPA where the PPA was filed by an individual. The inventor named on the PPA must also be named on the NPA.
Hey JD, thanks for this. Nice video!! I have a couple questions I'd appreciate your thoughts on, or anybodies else's,.. 1. What if you have an idea but there are multiple ways of making it, or you haven't quite realised the best way! Are you able to submit this is an application, or do you need to decide on / finalise your design first? Ie can you patent an actual concept rather than a specific design. 2. Im daunted by the product/patent search process to see if my ideas already exist (no doubt in multiple close ways), If I was to go to a 'friendly / no black marks' company without a Provisional Patent Application would they do the search for me? As a professional but recommend patent search can be costly. If you've covered this else where or know of a video covering this id appreciate a heads up. All the best. And to all you inventors out there.
Brad, glad it was helpful. Good questions too, thanks for writing them up. As for 1) That's the beauty of utility patents, is that you can get claims on several versions of your core invention if done right. You will need to articulate your invention in such detail so that it can be made/used, so it does need to be "enabled", and cannot be just a high-level concept; 2) No way would I ever recommend you approach a 3rd party company or individual without having filed a provisional patent application first (Be patent pending), and yes, you should hire a professional to do a patentability search and give you a legal opinion before going through the trouble of writing a patent application. Keep the questions coming!
How hard is filling out the ads, the application data sheet.? The explanation doesn't make any sense to me, having been written by lawyers skilled in the art of not communicating.. Something about a bibliography which doesn't seem to apply for any patent application, as any non lawyer would define bibliography. Also, they block certain IP addresses, residential from downloading the form 14. It is like they are purposely choking people on this form. It is like a university that has some irrelevant class meant to flunk out 90 percent of the class and claim that they teach.
Hello, thank you for the informational video. I would like to file for a PPA for a prototype product and idea. I researched on the USPTO website and was able to find an expired patent which I can cite in the PPA. The overall concept of the expired patent has similarities to my idea. However, the product design is unique and my idea builds on the expired patent (New and useful improvement). How do I understand if my idea is "patent worthy"? Also, do you recommend I file for a utility patent or design patent? I would really appreciate your insights. Thanks!
Great questions! Sounds like you're right in the middle of the patent process, so congrats on taking action. With respect to the "whether your invention is patent worthy" - I'd love for you to read my article on the Patent Success Matrix, which talks about the necessity for marketability along with patentability. Here's the link: boldip.com/services/patents/patent-success-matrix/. To decide which type of patent to go for, we need to talk confidentially! So, please book a screening session (Free) here: www.boldip.com/contact"
Just recently started trying to figure out how the hell to file a patent...who would have guessed that innovating a completely new device that changes everything is the EASY part? Pls send help lmao
Haha, right? Well, that's a big reason why I do these videos, is to help ease the pain a bit... but, as with most things that are difficult, they are usually worth doing. Keep up the hard work. And, if I can help you make a bold step toward patent protection, book a free consultation and see if we're a good fit for one another: boldip.com/contact
Im in process of trying to getting a patent in New Zealand, there is a market for the utility in America . Getting international coverage really hasnt been discussed with my atterney , could this be a mistake. Could i approach your team if i have one here .
Absolutely!! YES! Sorry, it took me so long to respond here - just got lost somehow. I love patent searching, and you can tell by my top-ranked blog article here: boldip.com/blog/patent-search/, and a solid RU-vid video here: ru-vid.com/video/%D0%B2%D0%B8%D0%B4%D0%B5%D0%BE-n0k4aaWc0jk.html.
We have a patent idea to change a part on a specific piece of equipment that the company does not have (pretty sure, because we've asked). We are pretty sure that other companies that make the same product have this technology already built in the making of their equipment, the first company has no way of building it in. We've already made a proto type and are using it on our equipment. My question, should we use the name of the equipment we've added this part on in the name of our design or should we leave it broaden? I hope I explained it right.
Can you tell me if I need a patent for an article of clothing. It is obviously not an invention or a new item but the type is. The design is new. I guess it is in the fashion category....
Right you are! I highly encourage patent research before filing an application. I love patent searching, and you can tell by my top-ranked blog article here: boldip.com/blog/patent-search/, and a solid RU-vid video here: ru-vid.com/video/%D0%B2%D0%B8%D0%B4%D0%B5%D0%BE-n0k4aaWc0jk.html. Let me know if you have any questions: www.calendly.com/bold/contact.
Is RedFin a "good" brokerage to sell your house through? Is Walmart a "good" place to buy clothing? Is McDonald's a "good" place to buy a burger? Well, of course, it depends on your definition of "good". My opinion is no, its not good enough for inventors, entrepreneurs, or those who have put so much energy, passion and heart into their own business just to cut corners, go cheap, and go for the low-cost provider. We'd love to help you think about your company, brand, and longevity as we help you with your registrations for trademark - sign up for a free consult here: www.boldip.com/contact.
Done! Check out my blog article here which outlines the 16-steps to writing a nonprovisional patent application: boldip.com/blog/non-provisional-utility-patent/
Good content, but the sound is terrible. The video sounds as if it was recorded onboard an aircraft carrier. The music is also totally unnecessary and distracting. Ditch the music and invest in a decent mic and post processing and your view and subscriber numbers will go way up.
Provisional Applications are only active for 1 year, and must be followed up by a Nonprovisional. In any case, we would need to get a Power Of Attorney on file to view your case in Private PAIR to give any further status. Schedule a free appointment today: www.boldip.com/contact
Sounds like, if your invention is great another attorney will review it, call a friend and BAM!! your invention was just stolen. Better just do it yourself or you'll be sorry.
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