Best Provisional Patents

Don Debelak offers affordable patents

Best Provisional Patents clearly outline what your invention is, provide drawings and covers as much ground as possible, even listing disclosures and specifications that will lead to multiple patents later on.

The Internet seems to be full of provisional patents for $149.00 or some other very low price.  These prices work because no one looks at a provisional patent until they evaluate a utility patent application that looks at a provisional patent for priority.  So if your provisional patent is not done correctly you won’t get a priority date.  Which means if someone else files for a patent on a product with similar claims to yours, they may be first to file and you won’t be the first inventor to file and probably will lose ability to patent your idea.

Your provisional patent needs to have a detailed description and in most cases drawings to clearly show your invention so the patent examiner will feel you have possession of your invention.  If you fail to show you have possession of your patent your provisional will be worthless.  This detailed description should be written very similar to a standard non-provisional application.

{Don Debelak’s new book, Turning Your Invention into Cash is now available on Amazon for $3.49. Go to and enter inventions Don Debelak to purchase. From the author of Entrepreneur Magazine’s Bringing Your Product to Market.}

Getting a provisional patent application number is of no assistance unless your patent is done right. That is why you are better off using a patent attorney or a patent agent on a provisional patent.   No matter how much information you supply the patent agent or attorney, they will need to rewrite the Detail Description and the Summary of the Invention for the provisional patent, and probably have patent drawings completed.  Be sure to ask for a copy to review before the provisional patent is sent off.

Drawings in a Provisional Patent Application

Your disclosure in a provisional patent needs to explain the invention.  Drawings don’t have to be to the same standard as a non-provisional patent, but they should include numbers for each component that goes with detailed description. I also like to include a Summary section on how the invention works.

Open-Ended Language

You need to be sure you don’t limit your potential patents deriving from a provisional patents by using any closed ended language.  Phrases like “consisting of these features” are limiting in that only that combination of features can be patented.  Since often you are getting a provisional patent first in order to do some market testing leave your options open.  Instead of consisting use phrases like comprising components similar to, or “comprising in one embodiment of “are much better.

List Many Embodiments

An advantage of the provisional patent is that you can end up with multiple patents using the same provisional patent patent examiner to apply for multiple patents when you file for a utility patent, but your provisional patent can, and should, give you the most flexibility for what final patent you want to apply for.

Get all these steps right and you will have all the best features of a provisional patent, with strong priority you can use in case of any dispute on priority for your invention.

as a priority date.  List as many embodiments as you can think of, all with open-ended language in your patent.  You will have to be more specific in your final patent, but listing as many possibilities as you can is permissible in a provisional patent.

Method of Use Description

Patents can be either product based or method based.  For a provisional patent it is a good idea to include a method of use description that would qualify for a method of use patent. Again you  might eventually be required by an miner to do a separate patent for a method of use, but that won’t matter for a priority date, the provisional patent can cover multiple patents.

Don Debelak offers affordable patent work. Check out

Patent Seach

Patent Search

Single phase patent search

Search of US Patent and Trademark database plus the European Patent Office database: $150.00

Search of trade magazines, trade shows, industrial registries and other industry specific product directories and seminar programs: $350.00.

Why do a patent search?

As of March 16th, 2013 the US patent system has switched to a first to file system rather than a first to invent system.  So you need to check to see if there are any previously filed patents related to your idea that may impact on your ability to get a patent. The patent law changes also changed what is considered prior art. Prior art is any piece of information that has been disclosed to the public in anyway about similar inventions before the date of your patent application. Prior art includes: patents related to your invention; any published articles about similar inventions; seminar presentations; offers to sell similar products and any public demonstrations. Now any similar product produced, used or published anywhere in the world is considered prior art and that information can be used to disqualify your application.  Since the cost of patent applications preparation and patent office fees can start at about $4,000 and can go much higher it makes sense to do a patent search first.  A patent search can also help the person preparing your patent to state your claims in a way that will allow you claims even in light of other patents and prior art.  Without information from a patent search, you may need to amend your patent later which will typically cost $2,000 or much more.

Will a patent search uncover all prior art?

Unfortunately no.  Patent applications are not published for 18 months so someone may have an application on file that won’t be revealed in a search. Also the stipulation that prior art includes the use, publication, offer for sale or disclosure anywhere in the world means that some uses of your product may not be uncovered in a patent search.  Nevertheless, the patent search is still a valuable tool, and in most cases will give you a good idea if your product has a strong chance of obtaining a patent.

To request a patent search, please contact us at

Selling an Invention on Commission

Selling an Invention on Commission

{Don Debelak’s new book, Turning Your Invention into Cash is now available on Amazon for $3.49. Go to and enter inventions Don Debelak to purchase. From the author of Entrepreneur Magazine’s Bringing Your Product to Market.}


Inventors often have great ideas – but often they don’t have the money to introduce their idea effectively. The traditional way of addressing this problem is to try and find a company to license the idea. Licensing has its own set of problems, the primary one being that most companies are very reluctant to license an idea.  One way around this problem is to sell your invention on commission.

This tactic requires inventors to change their strategy from having a new product to one of having a new business opportunity. You are offering a company a chance to work with the person who knows the product best and who is willing to sell the product on commission versus a salary.  Companies will be interested if the product fits into their manufacturing capabilities and if they feel the inventor is well connected to the target market and will be able to generate sales.

This approach can work with companies that are manufacturers or distributors.  The benefits to the inventor are that one he or she is selling the product with the benefit of the backing of an established company. Two a 5 to 10% commission is better than a 3 to 5% royalty, and three the inventor is still involved with the product and has input into virtually all the decisions made for the product.

Perfect Products

This tactic works best when a manufacturer only has to make minimal changes to its manufacturing process to produce the product.  To arrange a selling-on-commission deal, the product itself, its benefits and how significant those benefits are to consumers aren’t nearly as significant as the manufacturing costs in making it. In addition it helps if the target market has a small distribution network. The manufacturer will be more likely to believe you can achieve sales success if only a few companies control product distribution and you have established a relationship with those companies.

Your Goals

  1. Quick market entry. Underfinanced inventors can struggle two or three years to get their product on the market.  Having the product financed by an established company gets the product out quickly.
  2. Get established in the market. You want to develop market connections if you plan on introducing a series of products.
  3. Faster income. You start collecting commissions as soon as you sell products and the customer pays. On your own you’d have to pay back start-up and cash flow loans before you start collecting income.
  4. Introduce a product with limited patent protection. Many product ideas can’t get significant patent protection due to prior art. This is a big drawback for licensing. But it doesn’t hinder you if you are selling on commission. Start with a low cost provisional patent even if a patent search details significant prior art. It helps prevent the manufacturer or distributor from stealing your idea.  See for a low cost provisional patent.


The key to lining up a selling-on-commission agreement is to know who the key players in the market are and, preferably to have their support for your product idea before you approach a manufacturer. That’s the best way to show your product might sell. But manufactures will often want those contacts to approve a prototype before investing in tooling.  Sometimes the manufacturer will make the prototype especially if the costs are low.  Otherwise you need to make at a model for market research, though a “looks like acts like” prototype is best.  See

Pros and Cons


  1. Requires very little investment by the inventor
  2. Can be the quickest route to full market penetration
  3. Provides instant credibility to customers
  4. Produces reasonably quick income
  5. Stablishes the inventor in the marketplace with key buyers
  6. The inventor continues to have input into his or her product’s success


  1. Inventors don’t always have control of their product
  2. The tactic doesn’t establish the inventor’s company or brand
  3. Requires sales and marketing enthusiasm and expertise
  4. Works best with products with large customers or a narrow distribution channel

What to Expect

  1. The manufacturer will expect quick results from you. Be sure to line up customers first before approaching the manufacturer to sell on commission
  2. The manufacturer won’t automatically print brochures, attend trade shows or pay for a marketing program. Be sure to propose a marketing program and get the manufactures approval before agreeing to sell on commission.
  3. You will only get paid commission after customer’s pay for the products they buy.
  4. The manufacturer might offer you a standard sales representative agreement, which pays commission only on products you sell.  Insist on a commission on all the sales of your product, including an override (or commission payment) of several percent on any of your products sold by other company salespeople or independent sales representatives.
  5. The manufacturer will want to produce the product as cheaply as possible.  Make sure the manufacturer doesn’t compromise the product’s features.
  6. The manufacturer will not want to make immediate changes in the product after it starts production. Be sure to show a model or prototype to potential customers and get their approval before the manufacturer finalizes tooling and the manufacturing process.

Keys to Success

  1. You Need to Own the Market. The manufacturer or distributor who hires who lures you in commission is really buying your ability to sell the product.  If you aren’t experience try to find someone with experience who will partner with you. You will improve your chances to land a deal with each additional person you know who is either in the distribution channel or a major customer.  Other tactics you can use to generate support are call reports, which you write after you interview key buyers, letters of endorsement from those same buyers, and provisional orders.
  2. Produce Results. The manufacturer or distributor will be watching your sales results to be sure you can back up your potential sales claims before investing significant amounts of money.  You should have one or two customers presold before approaching a manufacturer.
  3. Think Big.  One of the reasons you go with a manufacturer or distributor is that you want to use their size to build credibility.  Take advantage of that. Have your business card share the company’s name, always mention the company’s name when you call, and be sure to have first class brochures, marketing materials and trade show booth.

Momentum Makers

  1. The Monster Account.  Nothing succeeds like having a account to land a selling-on-commission deal.  In the post “Success story on Selling an Invention on Commission” which was included in the mailing,  Cindy Jones had strong interest in Antenna Buddies from both Taco Bell and Radio Shack (prior to Radio Shack’s decline).  Both of those firms could order million of the product and the lure of big orders landed Jones three offers
  2. Orders First, Production Second.  You want the credibility of the manufacturer and the manufacturer wants the extra business. But the manufacturer doesn’t want to spend a ton of money before knowing whether or not the product will sell.  One solution to this concern is to allow the manufacturer allow you to represent it while obtaining initial orders. This is a win-win situation for everyone.

Before You Start

  1. Identify the Market.  Your job is to identify customer groups who will buy your product, the distribution channels you will use, and the key players in the distribution channel. You also need to understand the industry’s price structure, which includes discounts to distributors and retailers, packaging required, key buying periods and important trade shows.  The best way to find this out is by reading trade magazines, and attending trade shows.  You can find out the magazines and trade shows with Internet searches.  Try to read at east 10 – 12 back issues of trade magazine, and try to attend at least one trade show.  Check out these posts for more information on how to attend and network at a trade show.
  2. Customer Defined Products.  The most successful products are typically ones based on actual customer desires.  When you talk to manufacturers and distributors start with a customer focus, detailing how you have surveyed potential customers and explaining how your product meets their expressed needs.

The First Steps

  1. A Clear Advantage.  You can achieve a clear market advantage by having a superior or markedly different product.  The Antenna Buddies are clearly a different product.  But you also gain a clear advantage if you are approaching a market the manufacturer doesn’t sell to, or if your marketing campaign, name or package stands out in the marketplace.
  2. Work the Manufacturer or Distributor.  You will typically get better results if you propose your arrangement in steps. You might start by approaching your targeted companies to see if they would make the product for you as a contract manufacturer.  At a later meeting you can mention that the product’s potential is large than you expected and that you can’t proceed on your own.
  3. Write an Agreement.   You need a formal contract with the manufacturer or distributor that defines your relationship.  The manufacturer will probably propose a manufacturer’s representative agreement.  (Sample contracts are widely available on the Internet or in books on legal forms in bookstores or libraries.)  But you need to add some additional clauses. One is that you receive a sales commission override on every sale of your product. A second clause states what happens to the override if you or the company decides to terminate the agreement. In most manufacturer’s representative agreements commission stops three to six months after the salesperson leaves.  You want the contract to state that your override continues for an extended period of at least two years after the agreement ends.  You should also insist that the manufacturer sells you the product, all of the inventory you wish to purchase and the product tooling if it decides to discontinue the product. Finally if the manufacture decides to sell the product line to another company the contract should state you get a commission on that sale.
  4. Connections.   Creating a network of influential contacts is a key step for every inventor. It is even more important for inventors selling on commission.  Keep a file of every contact you make so you can go back to them when you are ready to sell the product.  Check out these posts for more information on finding contacts. and

Off and Running

  1. Set up Distribution.    There are usually plenty of sales opportunities for a product besides the big accounts you use to land your agreement.  You can continue to increase sales by using independent manufacturer’s sales representatives around the country to sell to smaller accounts. See this blog for more information on finding sales reps.
  2. Develop a Marketing Calendar.   Sales and marketing professionals always feel there is way too much to do in far too little time when introducing a product.  You can overcome this problem to a degree by setting up a yearly calendar of all you major marketing and sales events.  Major trade shows, product press releases, calls on big companies, adding new distributors and representatives should all be listed on the calendar.  This not only helps you to succeed but it also demonstrates to your manufacturing partner that you are earning your money.
  3. Have the Manufacturer Hire other Sales People.  This of course cuts into you commission.  But it is the right strategy if you have many other products you would like to introduce to this industry.  You can’t take on the entire sales burden and continue to introduce new products.  You should have more options after selling on commission as you will be established in the industry and that could allow you to launch your own company.

Building a Business

  1. Become a Resource. Your long term success in commission sales depends on your expertise at introducing a product into the market or your creativity to continually come up with new product ideas. Both of these skills are ideal for going into business for yourself.  You may not be able to reclaim your original idea from the manufacturer but you can move onto to introduce a new product of your own, or even products from other inventors.
  2. Create a Key Industry Presence. You can create an industry presence by being on industry committees, by volunteering for associations, and by serving on standards or trade show committees. You can also write articles for trade magazines, give speeches or presentations at meetings, and volunteer to help with any training meetings in the industry.
  3. Take Control.   There is an inevitable clash when you sell your product on a commission basis. Inventors want to develop a network of contacts that will lead to long term success. The manufacturer on the other hand will feel vulnerable if it doesn’t have direct contact with the customers and the distribution channel.  The best path for inventors to follow is to introduce buyers and distribution channel contacts to the manufacturer when starting out and then work to cut back the manufacturer’s involvement as sales develop.

How to Patent a Simple Invention

How to Patent a Simple Invention
By Carly Klein
You came up with a simple, elegant solution to a common problem. You want to bring this non-complex and one-part product to the marketplace. Now what?
To make your simple invention available for consumer use, and to monetize your invention to the fullest possible extent, you should first obtain intellectual property protection by securing a patent.
What is a patent?
A patent is a federal statutory grant of exclusivity to the inventor of a useful, novel, non-obvious invention for up to twenty years. Patents are a powerful and lucrative form of intellectual property. The right conferred by a patent grant is “the right to exclude others from making, using, offering for sale, or selling” the invention in the United States or “importing” the invention into the United States.
Patents are granted for this limited time period of twenty years to an inventor on the basis of an application after a process of examination. Once valid, a patent grants protection from any subsequent independent invention by another inventor that tries to copy the product, deeming the the latter inventor the infringer.
What qualifies as a simple invention?
A simple invention is anything that is a tangible, physical consumer product with fewer than two moving parts. A simple invention will not contain a software or technical component as it is merely just a device. There might be no movable parts or there could be one or two. Examples of simple inventions are baseball bats, grill scrapers, coffee mugs, etc.
If my invention is so simple, it should be easy to patent- right?
Interestingly enough, the answer is no. Patents for complicated designs are often easier to obtain than patents for simple inventions. Most of the time simple, solutions can get rejected because they are not novel or not non-obvious.
What are the complications involved with patenting a simple invention?
First, in order to qualify for a patent, an invention must meet five eligibility standards set forth by the US Patent & Trademark Office:
The intention be a new and useful process, machine, or object.
The invention must have utility.
The invention must be novel/new.
The invention must be non-obvious.
The invention must not have been disclosed to the public before the patent application.
Patent attorney J.D. Houvener says that, “Most of the time, simple solutions get rejected when you file a patent application because they fail to meet the eligibility requirements of novelty or non-obviousness. Unless an invention is completely groundbreaking or first of its kind, it is difficult to obtain a patent for something so simple.”
Most simple inventions fall under the scope of a utility patent. However, utility patents are often too difficult to obtain for a simple object because they lack the aspects of functionality and novelty.
For example, if an inventor seeks a utility patent for a new hairbrush, he or she must show that it performs its function better than anything else. The patent will likely be rejected because its merely an obvious twist on an already existing object which performs the same function as the original model.
A design patent as a loophole
An inventor struggling to patent a simple invention under a utility patent can sometimes get a design patent instead. While a design patent has much less value as it only protects what the invention looks like, it is better than no patent at all. With the hairbrush example, the inventor might be trying to patent a brush with a new kind of curve. Rather than demonstrating how the curve works, the inventor can show how the brush has a specific aesthetic twist and be eligible for a design patent. This will protect people from having that exact design.
Patents consist of descriptions and claims
Another complication in patenting a simple object is that patents are granted and defined by claims. These claims are comprised of descriptions and a numbered list of specific traits that explain how the invention is non-obvious, novel, and new. The claims explain how the product works, why the product exists, and how to use the product.
If an inventor is trying to patent their simple invention with a simple claim, Houvener says that, “A very simple one liner claim is going to get rejected unless you have something unbelievable that no one has ever seen. Most patents today are improvements that stand on the shoulders of current inventions. It is actually quite rare to see a brand new genus or new type of patent object.”
Case study: the toothbrush
The toothbrush is a simple, elegant invention that everyone (hopefully!) uses multiple times a day. Picture the most basic, disposable toothbrush you have ever seen. In picking it up and examining it, you can see that there are only two parts: the brush itself and the bristles.
However, the patent for this simple invention is not so simple. There are twelve total claims on one toothbrush patent and twenty-two total paragraphs describing the toothbrush. One of the claims for a toothbrush patent reads:
“A toothbrush comprising a handle (12) and a brushing head mounted thereon and including an elongated base element (14) having a longitudinal axis (18) and mounting a plurality of bristle elements (16) extending generally transversely to said axis and each having one end (26) affixed to said base member and the other end (24) free, said free ends defining together a generally V-shaped channel (40) for receiving a tooth and for guiding said brushing head….”
You get the picture: even the most simple, elegant invention, requires an extremely specific and in depth description.
The solution: draft your claim well
To write a claim for a simple invention that will stand up against the eligibility tests of non-obviousness and novelty, you and your patent attorney must get extraordinarily creative with the patent language. As Houvener explained, you can’t come up with a one-liner and expect patentability.
Instead, to have the best shot at patenting a simple, elegant invention, the patent claim language must break the device down into a number of claims in equally simple, elegant language.
Moreover, the claim should consist of as few claims as possible to cover every specific aspect, nuance, and use for the invention. The language does not need to be convoluted or confusing, but it does have to be all-encompassing. The shorter and simpler the claim is, the more valuable it will be. Longer claims with more wording have less value because in order to show infringement, a patent holder must prove that the infringer is copying everything in the patent claim. Literal infringement involves making, using, or selling a copycat version of a patented invention. The less complicated or lengthy the patent language, the easier your patent will be to enforce because it will be easier to demonstrate literal infringement.
It is difficult, but not impossible to patent your simple invention
While it might be more of an uphill battle to patent your simple invention than you may have thought, it is possible to do so if your claim can stand up to the eligibility tests of novelty and non-obviousness.
On the upside, some patent law firms actually charge less for a simple invention with less moving parts than they would charge for a complicated new piece of technology or software.
If you think your invention has what it takes to get a patent, and you think your invention has the power to make someone’s life just a little bit better, then the patent process may very well be a path worth taking.

Provisional Patents – An Additional Advantage

Provisional patents have the advantage of being low cost but they have another additional advantage that make them a plus for inventors.

Requirements per the US Patent Office

The provisional application must be made in the name(s) of all of the inventor(s). It can be filed up to 12 months following the date of first sale, offer for sale, public use, or publication of the invention, whichever occurs first. (These pre-filing disclosures, although protected in the United States, may preclude patenting in foreign countries.) Continue reading

Is a Design Patent Right For You?

Until recently, design patents were the patent you got if it didn’t work out to get a utility patent. But the recent Egyptian Goddess v. Swisa case has strengthened design patents and redefined how design patent infringement has been determined for over the last 25 years. Now inventors and intellectual property professionals are considering design patents in this new light. Design patents are no longer the patent you get if nothing else works out–they now offer valid protection for some products. But for which products? Let’s first take a short look at the history of how design patent infringement has changed. Continue reading

What Do You Do If Someone Already Patented Your Idea?

It hit you like a ton of bricks; the stars aligned and you had your eureka moment: you came up with a great new idea for an invention! You threw together a prototype to see if the idea would work, and it did! Then you hopped on Google Patents and started searching to see if someone has patented your idea. You sorted through countless patents and finally found one that looks a lot like your idea. What can you do?!? Fortunately, there is a whole lot you can do and often you can still pursue your idea and succeed, even when someone else has patented the idea. Continue reading

Doing a Google Patent Search

I’ve found the easiest way to do a preliminary patent search is to do a Google Patent search.  You can put in a simple search term and then work from its database to get a good idea if your product idea has already been patented.  This search won’t necessarily reveal every other patent but it is a good start.  Another good aspect of the Google patent search site is that it lists the patents pending that are published by the patent office but haven’t yet been issued.

To get the most out of a Google search you can’t just put in the name of your idea and then do a Google search.  That will leave out far too many patents where the patent application uses different terms than yours. You need to look instead at all the citations listed in the patents to find out more.

To give you a better idea of how to get the maximum benefit, I’ve listed all the steps and procedures for an inventor who came up with the idea of having an electric plug where a child could not pull the plug out of a socket. Continue reading