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Should I Get a Provisional Patent? – Ask Evan


hi I’m Evan Carmichael and welcome to

hi I’m Evan Carmichael and welcome to another edition of ask Evan in today’s

another edition of ask Evan in today’s

another edition of ask Evan in today’s video I’m going to be answering the

video I’m going to be answering the

video I’m going to be answering the question from one of my readers Becky

question from one of my readers Becky

question from one of my readers Becky who has developed a baby blanket car

who has developed a baby blanket car

who has developed a baby blanket car seat cover that is unique but very

seat cover that is unique but very

seat cover that is unique but very simple to make and she’s wondering if

simple to make and she’s wondering if

simple to make and she’s wondering if she should go apply for a provisional

she should go apply for a provisional

she should go apply for a provisional patent or not in what protection that

patent or not in what protection that

patent or not in what protection that gives her so Becky I’m not a lawyer so

gives her so Becky I’m not a lawyer so

gives her so Becky I’m not a lawyer so we should definitely go talk to one but

we should definitely go talk to one but

we should definitely go talk to one but here is my understanding and hopefully

here is my understanding and hopefully

here is my understanding and hopefully it can help you first of all to apply

it can help you first of all to apply

it can help you first of all to apply for any kind of pattern you have to make

for any kind of pattern you have to make

for any kind of pattern you have to make sure that the product is not yet

sure that the product is not yet

sure that the product is not yet commercially available so we have to do

commercially available so we have to do

commercially available so we have to do it before you start selling your product

it before you start selling your product

it before you start selling your product if you’ve already started selling your

if you’ve already started selling your

if you’ve already started selling your product then you can only file a patent

product then you can only file a patent

product then you can only file a patent on the changes that you’ve made some new

on the changes that you’ve made some new

on the changes that you’ve made some new improvements to it second original

improvements to it second original

improvements to it second original patent gives you one year international

patent gives you one year international

patent gives you one year international coverage for your idea across every

coverage for your idea across every

coverage for your idea across every market and I believe in some

market and I believe in some

market and I believe in some circumstances you can also extend it to

circumstances you can also extend it to

circumstances you can also extend it to another year but you basically have that

another year but you basically have that

another year but you basically have that first year to figure out is my product

first year to figure out is my product

first year to figure out is my product commercially viable or not because a

commercially viable or not because a

commercially viable or not because a original patents a lot cheaper than

original patents a lot cheaper than

original patents a lot cheaper than going for a full pot so once you’ve had

going for a full pot so once you’ve had

going for a full pot so once you’ve had that year to figure out if you’re going

that year to figure out if you’re going

that year to figure out if you’re going to go for the full pot or not you have

to go for the full pot or not you have

to go for the full pot or not you have to decide then which markets you want to

to decide then which markets you want to

to decide then which markets you want to get a patent it so each country has

get a patent it so each country has

get a patent it so each country has their own process and there’s a cost

their own process and there’s a cost

their own process and there’s a cost involved to get in a patent in each

involved to get in a patent in each

involved to get in a patent in each country so that’s get very expensive to

country so that’s get very expensive to

country so that’s get very expensive to have full international coverage because

have full international coverage because

have full international coverage because you have to apply for so many different

you have to apply for so many different

you have to apply for so many different individual patents at the end of the day

individual patents at the end of the day

individual patents at the end of the day you have to figure out is it worth the

you have to figure out is it worth the

you have to figure out is it worth the time and cost to get this thing going

time and cost to get this thing going

time and cost to get this thing going because people can still talk to your

because people can still talk to your

because people can still talk to your idea and as part of your patent you have

idea and as part of your patent you have

idea and as part of your patent you have to explain exactly how you create your

to explain exactly how you create your

to explain exactly how you create your product so it’s really easy to rip off

product so it’s really easy to rip off

product so it’s really easy to rip off for you as an entrepreneur you would

for you as an entrepreneur you would

for you as an entrepreneur you would then have to go and enforce the pattern

then have to go and enforce the pattern

then have to go and enforce the pattern and that’s usually the biggest stumbling

and that’s usually the biggest stumbling

and that’s usually the biggest stumbling block for a lot of business owners

block for a lot of business owners

block for a lot of business owners people will still top your idea but you

people will still top your idea but you

people will still top your idea but you have to then go hire lawyers to enforce

have to then go hire lawyers to enforce

have to then go hire lawyers to enforce it and say you’re copying my patent and

it and say you’re copying my patent and

it and say you’re copying my patent and you know

you know

you know to do this so usually it’s not worth it

to do this so usually it’s not worth it

to do this so usually it’s not worth it for the entrepreneurs to have that kind

for the entrepreneurs to have that kind

for the entrepreneurs to have that kind of expense to go and hire lawyers to do

of expense to go and hire lawyers to do

of expense to go and hire lawyers to do it but you do have one year original

it but you do have one year original

it but you do have one year original patent status for international coverage

patent status for international coverage

patent status for international coverage but hopefully gives you some time to

but hopefully gives you some time to

but hopefully gives you some time to figure out if your product is going to

figure out if your product is going to

figure out if your product is going to sell or not and if it’s worth taking

sell or not and if it’s worth taking

sell or not and if it’s worth taking that next step so hopefully that helps

that next step so hopefully that helps

that next step so hopefully that helps gives you some ideas to work with if you

gives you some ideas to work with if you

gives you some ideas to work with if you guys liked the video please give it a

guys liked the video please give it a

guys liked the video please give it a thumbs up below and I’d also love to

thumbs up below and I’d also love to

thumbs up below and I’d also love to hear your thoughts and feedback if you

hear your thoughts and feedback if you

hear your thoughts and feedback if you want to leave a comment and stay tuned

want to leave a comment and stay tuned

want to leave a comment and stay tuned for the next episode

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