I don't know anything about provisional patents, but if selling a product that embeds patented ideas voided the protections of a patent, patents would be pretty useless.
Maybe there's some context or nuance that didn't get conveyed that I'm missing.
I would imagine you can't get treble damages from willful infringement on a provisional patent, given that they're not published... so if you publicize your item on kickstarter while the patent is provisional and/or pending, less potential damages from infringers ... but I dunno how many people get treble damages anyway.
Maybe there's some context or nuance that didn't get conveyed that I'm missing.
I would imagine you can't get treble damages from willful infringement on a provisional patent, given that they're not published... so if you publicize your item on kickstarter while the patent is provisional and/or pending, less potential damages from infringers ... but I dunno how many people get treble damages anyway.