The Franklin Forge

The Franklin Forge: The Patent Process

We hear this question a lot: “Is it necessary to have a patent or a patent pending status in order to sell or license my invention?”

The answer is, “It makes it easier than it would be without a patent or patent pending status.” Let me explain it this way -- would you buy a car from someone who didn’t have the title? No…you would not.

That being the case, why would a manufacturer buy or license your idea if you can’t show it is yours. A patent is the title to your invention and “patent pending” shows that you have applied for title.

Many companies will not review an idea unless it is patent pending or patented. Any invention company that represents inventors without a patent or patent pending status is greatly limiting the your chances for success. They may also be jeopardizing the inventor’s rights to obtain a patent due to their disclosure method.

franklin forgeBottom line: You should at least have patent pending status prior to disclosing your idea to manufacturing companies.

The Patent Application

You don't have to spend $7,000-$10,000 on a patent application to see if a manufacturer will be interested in your invention; instead, you can file a Provisional Patent Application (PPA) with the U. S. Patent Office.

At a reduced cost, you can designate your idea/invention as "patent pending" while still preserving your right to a non-provisional application. The PPA gives people a year to find a manufacturer to produce and market their invention. If a company agrees to license the idea they will most likely pay all additional patent-related fees, including international protection under the Patent Cooperation Treaty (PCT).

Manufacturers often pay those additional patent fees to protect their investment. As manufacturers, they have the biggest risk and they know it’s a smart business practice to protect their investment. When compared to the investment for set-up, materials, production, labor, marketing, promotion and distribution…the cost of the patent process is insignificant.

If a provisional application does not suit your needs, we can easily have a non-provisional utility filed on your behalf.

Click here to download the Invention Record Form to obtain our free assessment.

Helping PEOPLE Turn Ideas into Products.