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July 20, 2023
John Rizvi, Esq.

Can I Sell My Provisional Patent? If I Try, Can the Idea from My Provisional Application Be Stolen?

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What are the problems with a provisional patent application when trying to sell your patent pending? Provisional patents are bought and sold all the time. So there's no restriction. There's nothing that says you can't sell an idea. While it's only pending with a provisional, some of the problems of major problem have gone over already, is that nobody's going to buy the rights to your idea without reading the provisional asking for a copy. And bringing a copy of it to an attorney to evaluate how well the provisional is done. The same way that you wouldn't buy a house without inspecting the home to to get an idea for its condition or hiring an inspector, a home inspector, nobody's going to pay for an idea without inspecting the patent. typically larger companies, they have the funding to hire a patent attorney, to see if there's a way to design around and basically steal your idea and not buy it from you. And if the provisional patent is not done correctly, then they have they, you're basically handing your idea over to them on a silver platter and you're you're giving them the details of what you filed. Their attorney would advise them that, hey, this is not meeting the standards of that are required. Let us file a full application that doesn't meet the standards, and then you'll be the first inventor. So that's the risk. That's why there's so much at stake. Which is why instead of just having today's session as a normal q&a, which I usually have, I really want to focus on on these risks.

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At the law offices of John Rizvi, P.A. - The Idea Attorneys®, we have dedicated our practice exclusively to securing and preserving the intellectual property rights of our clients, including patent, trademark, copyright, trade secret, unfair competition, and franchising matters.
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