Filing is the easy part. The 12 months that follow are where inventions either become products or become stories people tell at parties.
This is the schedule I wish someone had handed me before I flew to China alone for 30 days to tool my first product.
Months 1–3: prove it physically
- Build the ugliest functional prototype you can, fast.
- Put it in front of ten strangers in your target audience and shut up while they use it.
- Log every failure point. Revise. Refile an updated provisional if the design changes materially.
Months 4–6: sourcing and unit economics
Get quotes from at least three manufacturers — domestic and overseas. Ask for tooling cost, unit cost at 500/2,000/10,000, lead time and MOQ.
Then do the math that kills most inventions early and mercifully: landed cost × 4 should still be a price your customer will pay. If it doesn't work at 4×, retail will never work.
Months 7–9: pitch while the clock is loud
Patent pending is a door-opener. Distributors and buyers treat it as a signal that you're serious. Build a one-page sell sheet: photo, benefit headline, three bullets, price, MOQ, contact, and 'Patent Pending'.
I pitched ESPN, NBA, NFL, Disney, Nickelodeon, McDonald's and more. Most said no. Gopher Sports said yes — and one yes from the right distributor beats a hundred polite maybes.
Months 10–12: the honest decision
Letting a provisional lapse is not failure. Spending $12,000 on a utility patent for a product nobody ordered is.
- Real orders or serious distributor interest → convert to a non-provisional utility patent.
- Strong interest but wrong economics → license it and take a royalty instead.
- Silence from the market → let it lapse and reuse everything you learned on the next one.
Frequently asked questions
What happens when a provisional patent expires?
If you don't file a non-provisional within 12 months, you lose the priority date and any public disclosure you made during the year can become prior art against you.
Can I file more than one provisional for the same invention?
Yes. Many inventors file an updated provisional when the design changes significantly, then reference the earliest applicable filing when converting.
Stop researching. Start filing.
The Dream Kit System is the exact process behind two INPEX medals and a national Gopher Sports distribution deal — audio course, AI mentor and business setup.