Is it better to do provisional patents, before attempting to license an idea or to use NDAs?

This isn’t a simple decision for most inventors. You are likely stuck between wanting to protect your invention, but are also eager to assess how your product will do on the market and the need to attract investors.

Let’s consider the pros and cons of each option here.

NDA

Pros:

  1. Faster, simpler process
  2. You can outline specifically the information you want protected

Cons:

  1. More difficult to prove breach of agreement
  2. Provides no protection for others replicating work

Provisional Patent

Pros:

  1. Foundation for filing a permanent patent in the future
  2. Protects invention
  3. Allow you to include “patent pending” on marketable content

Cons:

  1. More complex
  2. You must include information about how the invention will be used (requires the invention to be totally ready for usability)

For some, it’s easy to identify that the provisional patent protects more. However, it does require that your invention is at a more refined stage. To best evaluate what you should do—you should consult a patent attorney.

LawTrades would be happy to help you out. Check out our website to learn more about our handpicked attorneys and the services that they offer. Our flexible approach to communication and affordability makes us an attractive choice for many clients. Get in touch for a consultation if we seem like a good fit.