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Business Strategy: New idea. Better to get a provisional patent with risk so I can start selling/manufacturing, or to get a full utility patent now with more protection?
DB
DB
David Berman, Bootstrap Expert answered:

The patent process can be fairly expensive (depending on the product and your claims). I went through it over the course of several years (yes, you read that correctly) and it took MUCH longer than anyone projected and cost MUCH more as well.

So depending upon your financial situation it might be cost prohibitive to proceed until you secure sufficient capital.

Since the implementation of the FITF (aka FIF) system the rules and recommendations that stood for years have shifted. So the general recommendations you may think are good ideas may no longer apply.

Know that if you DO decide to file a provisional patent you have 12 months from the date of filing to file a non-provisional patent. And if you make any changes (aka "new matter") you may have to file another provisional patent because you cannot add any new matter to the non-provisional patent.

The provisional patent can be a useful tool - but depending upon the product and the strategy you are planning to execute during development and market testing - it may or may not provide the protection you desire.

I would highly recommend that you consult with a patent attorney to get an idea about what's involved (i.e. costs, processes, time-frames). At the very least hire a skilled professional to do a patent search FOR you - not only to ensure that it in fact is unique but also to ensure it is "patentable".

You may already know this but it's worth repeating: (1) Your fear of your idea of being "stolen" is one that almost every entrepreneur with a "big idea" holds and (2) It's far less likely to happen than you might think.

I wish you the best of luck!

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