Can you market a product with just a provisional patent? 3 Answers as of November 16, 2010

I want to apply for a patent, but I cannot afford it. If I file for a provisional patent, can I still market my product and pay for the real patent from the proceeds?

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Kafantaris Law Group
Kafantaris Law Group | Theo Kafantaris
This is one of the most common approaches to seeking patent protection. A provisional patent will allow your invention to be patent pending, and this will help you market and sell your invention. If you gain market interest, you should spend the money on filing a utility patent. If not, you can save yourself the cost of seeking patent protection for an invention that may not make you any money.
Answer Applies to: California
Replied: 11/16/2010
Mark S. Hubert PC
Mark S. Hubert PC | Mark Hubert
Yes, that is the main reason for a provisional.
Answer Applies to: Oregon
Replied: 11/8/2010
Michael M. Ahmadshahi
Michael M. Ahmadshahi | Michael M. Ahmadshahi, Ph.D., Esq.
After you file a provisional application you can disclose and market your product. However, you must file a non-provisional application within one year of the filing date of the provisional application. During this one year period you can find investors to pay for the non-provisional application or from the proceeds of the sale of the product.
Answer Applies to: California
Replied: 11/4/2010
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