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Sep 8, 2021 at 5:59 comment added George White You might be asking about provisional rights which have nothing at all to do with provisional applications. They can allow recovery of reasonable royalties back to the date of publication of the application. Since publication occurs 18 months after the earliest priority application filing, the day it publishes is no different if a provisional is filed on day X follows by a non provisional a year later or if a non provisional is filed on that same day X. So the choice does not affect those rights.
Sep 8, 2021 at 4:12 comment added PatentosPite That's interesting, I think I missed that one. And then even if the claims pass substantially as they are drafted first, you will also not be able to retrospectively enforce the exclusionary rights associated with it?
Feb 24, 2020 at 22:52 history answered George White CC BY-SA 4.0