0

Lets say I file a PPA that's very broad but when I have patent wrtiten it's very detailed. Or if I add features to my patent that weren't in the PPA will my patent get reject since the patent office will use my PPA as a reference.

3

No, that's not a reason for rejection.

However, every new subject matter (read: every change) does lead to losing the provisional's filing date for every claim using (referencing, being based on) the new subject matter, even if only marginally using it.

You would then get a patent (if not rejected for other reasons) having different filing dates for different claims or the new one for all, depending.

The claims with the new filing date could therefore be rejected referencing documents published between prov. and non-prov.

  • Your non-PPA may contain as much "new material" as you want, but claims based upon that material do not obtain the priority of the PPA filing date, which might only become important during litigation based upon prior art, which can be extremely expensive. – Upnorth Jul 26 '17 at 21:34

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.