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BizIPEsq., Attorney
Category: Intellectual Property Law
Satisfied Customers: 996
Experience:  I am a tech attorney and I represent clients with technology, internet and intellectual property matters
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Hi - check my logic, using legal zoom it will cost $4k to file

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Hi - check my logic, using legal zoom it will cost $4k to file for a utility (non-provisional) patent. It will cost me $240 to file a second provisional patent, but I loose my date. I don't think anyone is following me yet, so I'm trying to evaluate the risk. If it was you, and you only had $1,000, and the prototype will be ready to market in 30-90 days - if successful will allow you to raise some capital - what would you do? The product already has the soon-to-be expired patent pending number on it. I'm thinking that leaving the current pat pen number on will scare some would be copiers off, and if they look and see its expired, at least I have the second one as a back stop.
Submitted: 1 year ago.
Category: Intellectual Property Law
Expert:  Alex Reese replied 1 year ago.

Alex Reese :

hello

Alex Reese :

at this stage, if you are unable to file a utility patent soon, then file another provisional so that you can continue to claim "patent pending" while conducting fundraising, marketing etc

Alex Reese :

also, i didn't realize LegalZoom offered utility patent services, if so that's a red flag, stay away. You need to use a registered USPTO patent attorney or agent for that, one that you have a personal relationship and communication with.

Customer:

Understood. If I stay away from legal zoom, then my price basically triples to about $15k. What value does a sale have in protection? I think I can create some initial sales.

Alex Reese, Lawyer
Satisfied Customers: 3070
Experience: Experienced in intellectual property law
Alex Reese and 2 other Intellectual Property Law Specialists are ready to help you
Expert:  BizIPEsq. replied 1 year ago.

Hello, thank you for requesting me.

FYI, the system somehow directed your request to a different expert who was kind enough to redirect it

 

Realistically if all you have is a $1,000, then you need to do the most with it. Since you cannot file a non-provisional you would have to let it expire and file a new provisional or better yet a full application.

 

BTW, I would conduct an extensive search of the filings that were recently published for opposition to minimize the risk that someone is following you.

Expert:  BizIPEsq. replied 1 year ago.
As far as would be copiers, you should not expose the product to the public until you file a full application just in case you need to file another provisional next year...

As noted in the prior answer, when you conduct your trials make sure to sign an NDA with all users, since, generally speaking, having an NDA in place would not be considered public exposure of the invention.
Customer: replied 1 year ago.

Hi Biz, I took care of the other atty. One thing I don't get is the difference between filing the provisional and the "full application." Noted on the NDA. Thanks, Matt

Expert:  BizIPEsq. replied 1 year ago.

Please note that you awarded the rating to the other expert and not to me.

 

If that was not your intention please let me know and I will forward it to customer service

Customer: replied 1 year ago.

Sorry, yours was below so I thought I could rate you separately. Could you clarify your point that "Better yet, you should file a full application as oppose to another provisional." What's the difference between a full application and provisional?

Expert:  BizIPEsq. replied 1 year ago.
I cannot further answer until I can reroute the payment to me through customer service
BizIPEsq., Attorney
Satisfied Customers: 996
Experience: I am a tech attorney and I represent clients with technology, internet and intellectual property matters
BizIPEsq. and 2 other Intellectual Property Law Specialists are ready to help you

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