For questions relating to the requirements for filing, and effects or functions of, provisional applications

learn more… | top users | synonyms

6
votes
3answers
315 views

How would I file a Provisional Patent by myself?

I have a great idea that I would like to protect, but I don't have the budget for a patent attorney at the moment. I was thinking to do it by my own. I wanted to know if I try my best to define the ...
5
votes
1answer
85 views

How do I collaborate with a company who may have a provisional on my idea?

I'm trying to get a company to licence my idea, however, they claim that they already have a similar idea but that they could potentially find improvements/best practises to their idea from ...
4
votes
2answers
3k views

How detailed should a provisional patent application be? (Software)

I am considering filing for a provisional patent which deals with mobile and web technologies. Now this is a method to do something. But how detailed do I go? Right now, I have something working in ...
4
votes
2answers
54 views

Mitigating possible patent exposure

I have spent the last 2 months working on an idea for a patent . I made designs and descriptions and I put it in an inventors notebook and had my 2 friends sign the book . I planned to submit the ...
3
votes
3answers
268 views

Which is the best way to file a provisional application in the United States?

We are a group of researchers in Europe, interested in filling a provisional application for a patent regarding a device that we developed. What is the cheapest, fastest and more effective way to do ...
3
votes
1answer
47 views

US Provisional Patent error

I filed a United States provisional patent for my invention 6 days back. Today I discovered that a algorithm I use in the invention has its name trademarked and I have in error mentioned that name ...
3
votes
1answer
926 views

Is a Provisional Patent As Prior Art Sufficient Defense?

If you file a provisional patent purely to try and protect yourself, wouldn't that document the "invention" sufficient as such to be considered prior art? And if prior art is a valid defense, is it ...
3
votes
1answer
53 views

Prior Art, an older Provisional Application and a new Patent Application (US 2014/0091685)

In reference to the patent: US 2014/0091685. I have a provisional application with the USPTO from 1994 for this invention which has been to market already. How is it that my initial invention has ...
3
votes
2answers
129 views

Unintentional Delay Petition Validity - Provisional Expired b/c Embedded Font in PDF problem

Thank you greatly in advance for your time! I am a first time inventor/patent filer who had success using EFS-Web filing a provisional application. A year later, on the anniversary (3 weeks ago), I ...
3
votes
2answers
113 views

What is considered applicable prior art?

I contacted an invention development company about a general idea for a new product. Shortly afterward through a simple Google search I found a product very similar to my idea being sold on internet. ...
2
votes
3answers
16k views

Searching for US Provisional Patents

US8261231 "claims benefit to U.S. Provisional Patent Application No. 61/472,609, which was filed on Apr. 6, 2011... The contents of the above-identified applications are incorporated by reference in ...
2
votes
2answers
304 views

Can I include multiple specific software functionalities of my broad idea in a single provisional patent application?

I have a limited budget and I am looking form a startup based on my idea. My idea is related to mobile (Android, iOS, etc) apps and a supporting website. It is a broad idea which can be implemented ...
1
vote
2answers
61 views

What if the PPA was filed with the wrong classification? Still valid?

As you know PPA's are not examined, so of course, neither are they ever rejected if they are filed in the wrong classification (say it should have gone in "Lasers", and somehow "households" was used). ...
1
vote
1answer
18 views

Can I file in france if I file a Provisional in the US and then publicly disclose prior to filing in France?

I understand France is an absolute novelty country that would prohibit a patent being issued if it were disclosed publicly prior to the filing date in France. Filing a Provisional Patent Application ...
1
vote
1answer
28 views

Features not disclosed in provisional application priority date

Am I correct that: Should you claim priority from a provisional application and you disclose features in the subsequent non-provisional application (which claims priority from the provisional ...
1
vote
1answer
24 views

What are all the things you need for a provisional patent application?

I am new to the patenting world, and I am a little confused about how to go about drafting a provisional patent application. How in depth do I need to be about my idea? Do I need supplemental drawings,...
1
vote
1answer
105 views

Public Disclosure After Provisional Filing

Upon filing a provisional patent application, can the invention become publicly known and sold (such as through public sale), and still retain all patent rights to information disclosed in the ...
1
vote
1answer
100 views

Provisional Patent Application validity questions

I am considering filing a Provisional Patent Application (PPA) on my own. If PPAs are never examined, is it correct to assume that I get a "patent pending" on whatever (since it is not published at ...
1
vote
1answer
76 views

Provisional, publication and continuation

Suppose one files a provisional that describes methods A and B, then publishes a paper describing methods A and B, then files a non-provisional that claims the benefit of the provisional and describes ...
1
vote
1answer
82 views

Avoiding “New matter” when leveraging PPA in nonprovisional app

When does editing the disclosure and/or claims for use in nonprovisional app, said disclosure and claims first disclosed in a provisional patent, constitute the addition of "New matter?" Said in ...
0
votes
1answer
22 views

Can the claims of an NPA from multiple PPAs retain the priority of their respective PPA filing dates?

If I wanted to file an NPA which included content from 2 different PPA's filed on different days ... then will the entire patent only be able to claim the priority of the most recent PPA? Or will ...
0
votes
1answer
55 views

What kind of provisional patent should I get if I want to sell internationally?

I have a product i'm looking to get out into the market soon and i'm unsure of what kind of provisional to get. I want to sell the product internationally. Anyone know how to go about this?
0
votes
0answers
15 views

Provisional Patent Filed Right Before Mine

I have been slowly developing a product for the last couple of years but my major hold up has been the legal side of things since I do not have the start-up funds. I decided to write the provisional ...
0
votes
0answers
44 views

The timing of filing design and utility patents on the same invention

I have a design patent set of documents ready to file and the question came up about filing a utility as well. We are working feverishly to submit everything before March 2016 (one year after public ...