Lets say i come up with a new improvement to my invention and want to file another PPA and tag it on my old one. If i only include a drawling but no claims, am i protected at all? If Someone try to infringe could i successful argue in court?

  • What do you mean by "tag it on"? There is no way to add matter to a provisional once filed. You would need to file a new one which stands alone. Moreover, what do you mean by protection? Because a provisional itself can never give you any protection, regardless of its contents. – Maca Jul 3 '17 at 3:49
  • Sorry i meant make another with the improvements.... But what do you mean a PPA give no protections? I thought you could have a little protection to shop your idea around for a ywar with a ppa – DeusIIXII Jul 3 '17 at 4:09
  • A provisional gives you no rights itself. It merely gives you a year to decide whether to file a non-provisional, and a non-provisional (if granted) will give you protection. So if someone happens to infringe on your invention which is covered only by a provisional, there is nothing you can do. – Maca Jul 3 '17 at 7:25
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    I think you're using protection in two different ways here, @Maca is right (of course) with saying that you cannot sue someone with a provisional, but a provisional does "protect" you against other people filing for the same invention - and, partially, against losing your right to a patent due to public disclosures. However, concerning that, I recommend reading this question: patents.stackexchange.com/q/17337/18033 – DonQuiKong Jul 3 '17 at 7:35
  • Which should actually answer your question btw. – DonQuiKong Jul 3 '17 at 7:36

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