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Hi - I have a provisional patent pending and I filed it 10

months ago. I don't know...
Hi - I have a provisional patent pending and I filed it 10 months ago. I don't know if I can raise the money to get a non-provisional patent filed in the time i have left. Do I have any options? Thanks,
Matt
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Answered in 9 minutes by:
6/3/2013
BizIPEsq.
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
Verified

BizIPEsq. :

Hello, I will be assisting you

BizIPEsq. :

If your U.S. provisional patent application is about to expire, essentially you have three options:

BizIPEsq. :

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.

BizIPEsq. :

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.

BizIPEsq. :

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.

Customer:

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?

BizIPEsq. :

Correct on option 3. make sure you use NDAs (non disclosure agreements) with all parties that would participate in the trial.

BizIPEsq. :

if you go with option 2

BizIPEsq. :

I trust this answered your question

BizIPEsq. :

Please rate my service. Without your rating I do not get compensated for my work

Customer:

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?

Customer:

I'll be sure to tip and leave excellent service.

BizIPEsq. :

using an attorney your estimate is reasonable though on the lower end

BizIPEsq. :

these days probably 10k-15k

BizIPEsq. :

(depending how much opposition you get from the USPTO)

BizIPEsq. :

sorry I misread the question. Let me revise

BizIPEsq. :

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

Customer:

Ok, many thanks.

BizIPEsq.
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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BizIPEsq.
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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