Provisional patents are not searchable, so it's possible the competing item has a PP filed - you wouldn't know it. If there isn't one filed, your PP application will trump a later one from someone else.
Also, bear in mind the 17 year clock starts the day you submit your paperwork, whether it's a PP or a full-on design/utility patent that references the PP.
Check out Amazon.com: Patent It Yourself, 13th Edition: David Pressman Attorney: Books - you can file a PP yourself without much trouble. If during the course of the year you find they sell like crazy, follow thru with the reference patent.
Don't forget to get your trademark registration underway as well. There's no guarantee you'll be granted a patent. If that's the case, your only protection is for your brand. Many companies make facial tissue, but Kleenex owns their trademark and it's worth tons more than any patent would be.
Also, bear in mind the 17 year clock starts the day you submit your paperwork, whether it's a PP or a full-on design/utility patent that references the PP.
Check out Amazon.com: Patent It Yourself, 13th Edition: David Pressman Attorney: Books - you can file a PP yourself without much trouble. If during the course of the year you find they sell like crazy, follow thru with the reference patent.
Don't forget to get your trademark registration underway as well. There's no guarantee you'll be granted a patent. If that's the case, your only protection is for your brand. Many companies make facial tissue, but Kleenex owns their trademark and it's worth tons more than any patent would be.