Legal Question in Intellectual Property in Georgia

I have an idea for a consumer product and have created a prototype. I want to get a provisional patent on the idea. What does an intellectual lawyer need from me to get a provisional patent in play? Cad drawings, patent research, writeup, prototype? How long does this process take? What docs do I need to present to a China manufacturer to produce my idea after I have a provisional patent? I called Walmart and they have authorized manaufacturers they use as Tier I to distribute throughout their network. Thoughts is a great idea...and does not exist so far. With universal thought, I need to get this to market. What are my next steps. I am in Fulton County Georgia. Thanks. SSS

Asked on 3/08/12, 6:42 am

2 Answers from Attorneys

Mark Torche Patwrite Law

The only thing your patent attorney needs is a good understanding of your invention. How he or she comes to a good understanding of your invention depends on the complexity of your invention and the background of the patent attorney (or agent). In general you do not need a prototype or CAD drawings, although if you have theses they can help your attorney understand your invention.

As to the time period, it can take a few weeks to put the application together, but can be done sooner if there is a pressing time need. I only write very thorough provisional applications as I believe that a flimsy provisional is almost worse than no application.

You likely donít need to show the Chinese manufacturing anything from the patent office, but this is not my area specialty, so I will suggest you get this answer from an attorney that specializes in international contracts.

You need to consult with an attorney or agent to get the process started. I would be glad to give you a free consultation to discuss it with you in further detail.

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Answered on 3/08/12, 7:13 am

Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Patents are very important items to get right and to get right quickly. Retain a good local patent attorney to discuss your situation ASAP.

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Answered on 3/08/12, 7:34 am

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