Provisional Patent Applications

Inventors' Biggest Fear: “What if someone copies my idea with a small tweak and I lose everything?”🧐 You’re not alone. Many inventors hesitate to publish or launch their innovation fearing competitors might steal it with minor changes. Especially when your idea is a slight advancement, a new twist, a smarter design, a more efficient process and it feels vulnerable. So how do you protect your IP and sleep 🛌 better at night? Here’s a simple roadmap:👩🏻💼 ✅File a Provisional Patent Early- Secure your priority date. Even if your invention isn’t fully ready, this locks your idea legally before others can grab it. You get 12 months to finalize and file a complete patent. ✅ Use Trade Secrets Wisely- If your innovation includes a formula, recipe, or process that can be hidden, keep it confidential. Sign NDAs with employees and partners. Not everything needs to be patented to be protected. ✅Combine IP Rights- Use a mix of protections: ▪️Patent for technical novelty ▫️Design patent for product appearance ▪️Trademark for your brand name/logo ▫️Copyright for your manuals, designs, or code ✅ Broaden Your Patent Claims- Write your patent smartly. Cover not just the core feature but also possible variations competitors might attempt. A strong patent fence keeps copycats out. ✅ Publish Smartly (Defensive Publication) If you're not patenting something, publish it publicly. It becomes prior art, as a result, blocking others from getting a patent on a similar idea. 👩🏻💼You can consider this as a Real Example: A startup redesigned a coffee cup lid to prevent spills. Just a small tweak. They filed a provisional patent, kept the manufacturing technique a trade secret, and launched confidently. Today, their lid is in cafes across 3 countries, protected by strategy, not just fear. 👩🏻💼Don’t let fear kill your innovation. Protect it smartly. File early. Keep secrets. Use layered protection. Think like a creator and a strategist. #IPR #InnovationProtection #PatentStrategy

The Provisional Application Deadline Dilemma: For some companies, the filing of a provisional application can be akin starting a race that you really have no business finishing. Here's some reasons why: --If the data you included in the provisional did not pan out with further work and your experiments/scientific validation efforts went in a different direction, the content of the provisional does not support priority to any new matter. So why file now if you won't get the priority? -- When your current experiments/scientific validation remain a work in progress, you should objectively assess whether it makes more sense to finish the work so that you can be more likely to get a patent that closely aligns with your go-to-market product, as opposed to pursuing patent coverage to product specifications that no longer align with your commercialization strategy. --When there is still work in progress you may give up valuable claim scope if you file a utility application before the work is completed. --If the product described in the provisional application was later found not to be commercially viable, why should you spend money and time to patent a product that no one wants to buy? --Patent Types and Patent Pundits are quick to exclaim "We live in a First to File world!" While, of course true, for innovators--which is my exclusive client base these days--it can often be objectively stated that no other company is working on the same problem in the same way for the same reasons. It follows that rather than running to the Patent Office to get *something* on file, innovators that are solving new and scalable customer problems may be better served by making sure what they file in a patent application fully supports their commercialization efforts. Sure, there's a risk that *someone* may beat you to the Patent Office but, often, there's more of risk that by starting your patent race too early may end up creating a greater risk of harm that you won't get market-making patent protection for a valuable technology or product innovation. There's certainly pros and cons on both sides of this issue and context is key. The takeaway from this post should be that when the one year anniversary of a provisional filing is rapidly approaching you should not reflexively assume that you are required to file a utility application claiming priority to the provisional if this is not the right patent strategy for YOUR company. #patentstrategy #ipstrategy #patents

"𝗪𝗲'𝗹𝗹 𝘁𝗵𝗶𝗻𝗸 𝗮𝗯𝗼𝘂𝘁 𝗽𝗮𝘁𝗲𝗻𝘁𝘀 𝗼𝗻𝗰𝗲 𝘄𝗲 𝗮𝗰𝗵𝗶𝗲𝘃𝗲 𝗽𝗿𝗼𝗱𝘂𝗰𝘁-𝗺𝗮𝗿𝗸𝗲𝘁 𝗳𝗶𝘁." This seemingly logical approach costs startups patent protection every day. Here's the problem: by the time you've achieved product-market fit, you've likely made public disclosures through demos, beta testing, conference presentations, or detailed marketing materials. In patent law, your own public disclosures can limit the strength of future patent applications. Meanwhile, competitors aren't waiting for your perfect timing. They're filing provisional applications on early-stage innovations, securing priority dates while continuing development. Consider two hypothetical AI startups developing similar computer vision technologies: • 𝗦𝘁𝗮𝗿𝘁𝘂𝗽 𝗔 waits until launch to consider patents. By then, they've presented at conferences, published technical blogs, and conducted public beta tests. When they finally file patent applications, these disclosures limit their claim scope and create potential prior art issues. • 𝗦𝘁𝗮𝗿𝘁𝘂𝗽 𝗕 invests in a 𝗽𝗮𝘁𝗲𝗻𝘁 𝗿𝗲𝗮𝗱𝗶𝗻𝗲𝘀𝘀 𝗮𝘀𝘀𝗲𝘀𝘀𝗺𝗲𝗻𝘁 during early development, identifies patent-worthy technical innovations, and files provisional applications before any public disclosure. They continue refining their product while maintaining strong patent priority dates. Eighteen months later, when both companies seek Series A funding, guess which one has stronger IP positioning? The solution isn't filing expensive patent applications prematurely. It's taking small steps to evaluate and protect your innovations during development, such as: • 𝗜𝗻𝘃𝗲𝗻𝘁𝗶𝗼𝗻 𝗱𝗶𝘀𝗰𝗹𝗼𝘀𝘂𝗿𝗲 𝗰𝗼𝗮𝗰𝗵𝗶𝗻𝗴 to document innovations as they emerge • 𝗣𝗮𝘁𝗲𝗻𝘁 𝗿𝗲𝗮𝗱𝗶𝗻𝗲𝘀𝘀 𝗮𝘀𝘀𝗲𝘀𝘀𝗺𝗲𝗻𝘁𝘀 to identify the right timing • 𝗣𝗿𝗼𝘃𝗶𝘀𝗶𝗼𝗻𝗮𝗹 𝗽𝗮𝘁𝗲𝗻𝘁 𝗮𝗽𝗽𝗹𝗶𝗰𝗮𝘁𝗶𝗼𝗻𝘀 to secure priority dates affordably Don't let "perfect timing" cost you patent strength. In our first-to-file system and environment of rapid competitive innovation, good timing beats perfect timing. #patents #IP

Navigating Patent Protection for Start-Ups: Turning Challenges into Opportunities Throughout my career I’ve loved working with early-stage companies, especially those that are still self-funded. It’s exciting, but it also comes with some very real patent-related hurdles. 1. The Funding Catch-22 Without outside investment, founders must focus on generating sales and buzz. Unfortunately, publicizing a product before at least filing a patent application can start the one-year clock in many jurisdictions and jeopardize future rights. The need for protection is clear, yet the funds to secure it often aren’t. 2. Where (and When) to File Internationally At the provisional stage you have only 30 months to decide which foreign markets matter. For most start-ups, that’s long before meaningful overseas sales data exists. Guess wrong and you may waste money, or lose protection where you ultimately succeed. 3. The Temptation to Ignore IP Altogether Because patents feel like a cost centre for a company that may not exist in five years, founders sometimes decide to “opt out.” The risks: Copycats. A successful, unprotected product invites knock-offs and erodes market share. Infringement exposure. Skipping any freedom-to-operate work leaves you vulnerable to suits from larger competitors. Practical Ways Forward A. Plan for success. Ask: If we hit our goals, will we be protected? B. Budget early. Set aside IP funds in your financial model, just as you would for marketing or inventory. C. File a provisional before launch. For ≈ $10 k you can lock in a priority date, start selling, and still have up to 30 months to evaluate foreign markets. D. Consider a freedom-to-operate opinion instead of investing in early filings. Spending $10–20k up front can spare you a business destroying lawsuit. Then once you have sales, you can focus on patenting improvements with knowledge that your core company model is at least free from the patents of others. E. Leverage patents as assets. Even a single issued patent can open licensing opportunities and diversify revenue I’d love to hear from other founders about their IP challenges. If you’d like guidance from someone who’s helped numerous start-ups navigate these issues, feel free to reach out: rschneer@dilworthip.com

Patent pro tip: pros and cons of combining provisionals ➡️📜⬅️ A non-provisional patent application may claim the benefit to multiple provisional applications. 📜📜➡️📜 This might be performed when different provisionals include different embodiments or inventions. 💡💡 However, combining provisionals can be more like duct taping inventions together rather than melding them into a single unit. ❌ Priority is generally assessed claim-by-claim, and different claims can have different priority dates depending on which priority application fully supports their features. 🗓️ This could also mean that some claims may not be supported by any one of the priority documents. In a worst case scenario, this could result in those claims not being entitled to any of the earlier priority dates. 😱 This may not always end up being a big deal, but can sometimes be a problem if there is intervening prior art or if the invention was publically disclosed before the non-provisional was filed. 👎 Some solutions to mitigate or avoid potential problems when claiming priority to multiple applications could include: ✅ Checking each claim against priority applications to ensure that claims are entitled to any notable priority dates 🔢 Include a mix of claims by using dependent claims for features which may be less likely to get the earliest priority date #PatentProTips #patent

Stop calling it a provisional patent. You don't have a provisional patent. No one does. Here's what you do have: → An important head start on the patenting process. But it won't be examined. It won't turn into a patent by itself. It won't offer you an iota of protection if someone infringes your invention. So why do people file them anyways? Because they are an excellent tool when you are not ready for a full patent application. A provisional patent *application* is bookmark on your invention to give you time to build, market, and test your invention before investing into the full patent process. Not every startup should use them in every case. To some, they're essential. To others, they're a distraction and waste of money. Whether to use a provisional depends entirely on your IP strategy & plan. Lock those things in first, and you'll find IP decisions basically make themselves. ------------------------ ⚡️ I build, manage, and defend global patent portfolios. 📌 Follow to learn practical patent law for #deeptech. ♻️ Repost if helpful to your network.

𝗗𝗼𝗻’𝘁 𝗙𝗶𝗹𝗲 𝗮 𝗣𝗿𝗼𝘃𝗶𝘀𝗶𝗼𝗻𝗮𝗹 𝗣𝗮𝘁𝗲𝗻𝘁 𝗔𝗽𝗽𝗹𝗶𝗰𝗮𝘁𝗶𝗼𝗻! Many inventors rush to file a provisional patent just to claim "𝗽𝗮𝘁𝗲𝗻𝘁 𝗽𝗲𝗻𝗱𝗶𝗻𝗴" status, but this isn’t always the smartest move. 𝗣𝗿𝗼𝘃𝗶𝘀𝗶𝗼𝗻𝗮𝗹 𝗮𝗽𝗽𝗹𝗶𝗰𝗮𝘁𝗶𝗼𝗻𝘀 𝗮𝗿𝗲 𝗶𝗻𝗰𝗼𝗺𝗽𝗹𝗲𝘁𝗲 𝗮𝗽𝗽𝗹𝗶𝗰𝗮𝘁𝗶𝗼𝗻𝘀 𝗮𝗻𝗱 𝘀𝗵𝗼𝘂𝗹𝗱 𝗼𝗻𝗹𝘆 𝗯𝗲 𝗳𝗶𝗹𝗲𝗱 𝘄𝗵𝗲𝗻: • your invention is still evolving, but you need to secure an early filing date. • you need time to refine your claims before committing to a full application. • you’re seeking temporary, cost-effective protection before securing funding. However, if your invention is fully developed, 𝗳𝗶𝗹𝗶𝗻𝗴 𝗮 𝗻𝗼𝗻-𝗽𝗿𝗼𝘃𝗶𝘀𝗶𝗼𝗻𝗮𝗹 𝗽𝗮𝘁𝗲𝗻𝘁 𝗱𝗶𝗿𝗲𝗰𝘁𝗹𝘆 𝗰𝗮𝗻 𝘀𝗮𝘃𝗲 𝗰𝗼𝘀𝘁𝘀 𝗮𝗻𝗱 𝗹𝗲𝗮𝗱 𝘁𝗼 𝗮 𝗳𝗮𝘀𝘁𝗲𝗿 𝗴𝗿𝗮𝗻𝘁. 𝗔 𝘄𝗲𝗹𝗹-𝗽𝗹𝗮𝗻𝗻𝗲𝗱 𝗜𝗣 𝘀𝘁𝗿𝗮𝘁𝗲𝗴𝘆 𝗺𝗮𝗸𝗲𝘀 𝗮𝗹𝗹 𝘁𝗵𝗲 𝗱𝗶𝗳𝗳𝗲𝗿𝗲𝗻𝗰𝗲! How do you approach patent filings? Let’s discuss. 👇 Dr. Dominique Christ Dr. Benjamin DELSOL (PhD, LL.M) David Kalow Alexandra P. Sven Boon #Patents #IPStrategy #Innovation #ProvisionalPatent

Filing a patent as a startup founder can be daunting, but it’s one of the best ways to protect your innovation and add credibility to your startup. At Marketrix.ai we’re in the process of turning our provisional patent into a full utility patent. It’s been a challenging yet rewarding journey, and I’ve learned a lot along the way. Here are some tips for founders working on patents: ✅ Start with a provisional patent—it’s affordable and gives you 12 months to refine your invention. ✅ Focus on what makes your invention unique and how it solves a real problem. ✅ Use strong claims to cover your invention broadly while protecting key details. ✅ Work with a patent attorney to avoid mistakes and strengthen your application. ✅ Use your patent to stand out in the market and attract investors. Building a patent isn’t just about legal protection—it’s a strategic move to show the value of your innovation. If you’re thinking about filing or curious about the process, let’s chat. Want to dive deeper into the process? Check out my full article here: https://lnkd.in/g4JgDkJc Let’s protect what we’re building and push boundaries together! 💡 #Startups #Patents #Innovation #Entrepreneurship #AI #Marketrix