Intellectual Property Law
Intellectual Property Law Questions? Ask a Lawyer
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If your U.S. provisional patent application is about to expire, essentially you have three options:
Option 1: Don't File Anything. Allow your first provisional application to expire and don't file any additional patent applications. If you haven't already, do not expose your idea to the world.
Option 2: File 2nd Provisional. After the expiration of your first provisional you can file a second provisional patent application however you will lose your first priority filing date and will now have the priority date of the second application.
Option 3: File Non-Provisional. File a non-provisional patent application that claims priority to the first provisional patent application's filing date. To the extent possible this is generally the better route.
Many thanks. Right now I'm on my final prototype version (I'm sure you've heard that before hahah) and we are about to go to trials on this device in two weeks. So I don't think Option 1 is a good one. Option 2 seems to be the most cost effective. Option 3 means I have to come up with $10k or something similar?
Correct on option 3. make sure you use NDAs (non disclosure agreements) with all parties that would participate in the trial.
if you go with option 2
I trust this answered your question
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One last short one...if I did all my own research and filed everything myself using a few models, any idea what the minimum cost on a non-provisional would be?
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using an attorney your estimate is reasonable though on the lower end
these days probably 10k-15k
(depending how much opposition you get from the USPTO)
sorry I misread the question. Let me revise
If you do a lot of the drafting of the claims then your estimation of 10k is reasonable. There's a good chance it would cost less
Ok, many thanks.
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