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Alex Reese
Alex Reese, Lawyer
Category: Intellectual Property Law
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Experience:  Experienced in intellectual property law
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Is a provisional application sufficient protection to start

Resolved Question:

Is a provisional application sufficient protection to start distributing my product (invention).

Thank you.
Antonio Chavez
Submitted: 11 months ago.
Category: Intellectual Property Law
Expert:  Alex Reese replied 11 months ago.

Alex Reese :

hello

Alex Reese :

a provision patent may act as somewhat of a deterrant to would-be copiers, but there is no legal protection...you cannot enforce a provisional patent. only a utility patent can be enforced.

Alex Reese :

a provision patent serves to establish a filing date for the submitted materials, but it does not give you any enforcement rights

Customer:

Do I have to wait untill I get a utility patent to start marketing and distribution?

Alex Reese :

however, that doesn't mean that you need to wait until you have a granted utility patent to distribute

Alex Reese :

no you don't, but you can't legal stop someone from making/selling your patented invnetion until you have a granted patent....until then it is a warning/deterrent

Customer:

So my competition can manufacture, copy and sale my product till I get a U. Patent.

Alex Reese :

assuming the only protected aspects are in the patent, yes

Customer:

I came up with a unique clip for suspenders, can any other manufacture use it until I get a U. Patent.

Alex Reese :

yes they can

Alex Reese :

unless it is protected by trademark or copyright in some way....but that would be a separate issue

Customer:

What I should do file for a U. Patent immidiately. My product is shelf ready.

Alex Reese :

yes you should meet with a patent attorney file a utility patent asap

Alex Reese :

but people don't wait until they have the patent to starting doing business....they just makring the product "patnt pending" and proceed

Customer:

I thank you for your time.

Alex Reese :

best of luck

Customer:

But my clip is unique only Perry Ellis and I have a clip that attaches to the belt.

Customer:

Can u assist me, am in Canada?

Alex Reese :

no we are not allowed to communicate with customers in any way or give referrals etc

Customer:

Oh.

Customer:

thank you for your valuable information. Take care.

Alex Reese :

thanks

Alex Reese, Lawyer
Satisfied Customers: 2997
Experience: Experienced in intellectual property law
Alex Reese and 3 other Intellectual Property Law Specialists are ready to help you
Customer: replied 11 months ago.


Sorry to bother again.


 


after I get a U. Patent, can my competition continue using my clip?


 

Expert:  Alex Reese replied 11 months ago.

Well if you have a patent and they are infringing one or more patent claims then you can threaten to sue them and/or sue them for patent infringement. You will need a patent attorney to confirm whether their product infringes your patent.

Alex Reese, Lawyer
Satisfied Customers: 2997
Experience: Experienced in intellectual property law
Alex Reese and 3 other Intellectual Property Law Specialists are ready to help you

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