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Applying for provisional patent helps save lot of money. But in return you get the intellectual protection only for 12 months. There is no assurance of getting the patent in your name after that if you do not file for the utility application within that 12 months and you get the patent as well. Even if you are able to file the application, there is no guarantee that you will be granted the patent within that time period. So, you might have to continue dealing with manufacturers and retailers with a caption of ‘patent pending’. The fact is many inventors go for this option because the process of utility application involves lot of expenditure. Apart from the high expenses it is not for sure that you will be granted the intellectual security of the product in your name. Also, you cannot file for patenting too early because first of all you have to be sure about the designs that they are not still evolving. And the most important point is that it is sensible to make such a high investment only when you are sure that the market survey is positive and in your favor. Validating marketability of a new product is very important before any kind of investment is done. Although you know that the product or the idea that you have invented is going to prove extremely functional, there is many a slip between cup and lip. Perhaps you will not be able to convince the average public or efficiently launch your product in the market. Market failures are most often occurred because of a sudden impulse. Utility application should be done by evaluating the best of both the worlds. This is important because if you have patent pending as your status, you cannot take any kind of action against protecting your idea. By announcing that you have patent pending you cannot protect your product or idea intellectually. Only when the patent is granted in your name, you will be in a position to take legal action against the manufacturer or retailer who tried to counterfeit. If you visualize or evaluate provisional patenting against utility application, you will find that former is not actually a patent. However, if you are able to get the utility patent you will be in a position to take any kind of legal action against any kind of forgery. So, with the help of legal professional you can submit utility application successfully.
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