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Questions tagged [provisional]

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

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After filing Regular patent applications, can I file a Provisional, which would be the basis of Continuation filings after I go public?

I previously asked this question: I have filed non provisional, regular utility patents applications. I will be also filing continuation applications. Can I add or amend claims after the content is ...
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U.S. Patent Law: Filing a Regular Application with broader claims than the provisional - will the USPTO deny the earlier filing date?

Let's say an Inventor is trying to patent a drinking cup/mug. In July 2018, the Inventor files a Provisional Patent Application, with a claim for "a cylindrical drinking vessel storing consumable ...
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Referencing existing consumer product in provisional patent application

If I was filing a provisional patent for an invention that works with an existing product, what is the most elegant way to refer to that other product in my provisional patent text? For example, if I ...
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I have patent applications for the same invention in different countries. Can I choose which application to use as priority for a PCT one?

I have a US non-provisional that claims priority to a provisional one. It is not published yet but its priority period has expired. I also have a pending Australian provisional application for exactly ...
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patent for an interface of functions presently not in use in any mobilepp

Hi i believe i have developed certain functional usage/interface in an app which are unique. to explain - they arent invention or technological breakthrough. But would fall under the purview of user ...
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purchase or license a prior invention [duplicate]

How do I go about either purchasing or licensing an invention that has an abandoned PPA? If the inventor is already selling said invention but never filed a patent, only a PPA, which expired 4 years ...
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US20140312193A1 Is this an expired PPA or a non provisional patent?

I invented a similar idea years ago but never sold it or disclosed it publicly. ALthough I thought about patenting it in 2013 and could not find any anything similar at the time, I just didn't have ...
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A company claims they provisional patent on my idea 17 months ago, but haven't published anything that uses it

17 months ago I filed for a provisional patent and approached a company the very next day to licence it. They claimed they have a provisional on my idea and that they are working on it already, yet ...
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Excessive disclosure in a provisional utility patent

Is it possible to provide too much information in describing a novel device? By too much I mean providing detail that unnecessarily makes it easy to reproduce the device. I am seeking to understand ...
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If my PPA and patent are written differently will the patent get rejected?

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 ...
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What happens to the priority dates if a provisional application has more than one invention?

I know this question has been previously raised under the heading: "Can I describe two different ideas inside a provisional patent application" however what concerns me is the priority dates of the ...
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How can the difference between “Priority Date” and “Filing Date” be greater than 1 year?

For most patents (at least the ones I looked at) there is no more than 1 year difference between "Priority Date" and "Filing Date": often exactly 1 year, and if not, just under 1 year. This must be ...
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Invention purchased including rights to intellectual properties

I purchased an invention along with the intellectual property rights. The original owner and inventor had no patent but had been manufacturing and selling the product for a few years prior to my ...
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Micro, Small, Provisional, Non-Provisional

We have designed a new soft technique (algorithm) and we want to file it. The USPTO website is very complicated for tracing the correct answers, and it needs professionals like you. We have some basic ...
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When do provisional rights arise for a PCT application?

A patent holder in the USA has filed for a PCT for their invention. We have found that we we can’t sell a product that would infringe the US IP in the USA. However, are we able to continue selling ...
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What is the duration to file international patents after filing in USPTO?

I'm also gonna file provisional patent this month. I already have a US Intent to Use Trademark. My Intent to Use application got approved in Feb 2017. How long do I have to file international patent ...
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Provisonal Patent Cover Sheet More Questions

Should I sign my name in the sheet or type it like /Firstname Lastname/ Is the date field filled by me? If that is the case, should I put the date where I am when posting the pdf and everything? There ...
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Provisonal Patent Cover Sheet Questions

I have noticed that the people creating the provisional patent would capitalize the title of the invention on their patent document. So, I have done that too. Should I capitalize the title in the ...
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can EP application takes priority from provisional patent?

I heard a EP file an application based on US provisional if the US provisional file a US application. so i will explain my doubt based on my example. A provisional patent(PP1) file on 1 jan 2016 and ...
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Cheapest way to extend the time of provisional patent application

I am a Australian sole inventor who has filed a US provisional patent application with another attorney last year in June. I'm coming close to the time where my 12 month period is going to expire (...
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How important are claims in provsional patents

Is it important to mention the claims in a provisional patent and how will the claims affect the non-provisional patent if I decided to make it within a year? I have read that you cannot mention the ...
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Can I describe two different ideas inside a provisional patent application?

I have two ideas completely different and unrelated to each other, I want to put both of them inside a provisional patent application and in a alter time file two non-provisional application for them. ...
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A specifc question regarding mobile apps patenting

I have a new idea for a mobile app that I have developed and finished developing. The idea is unique and new. I know about the three conditions to patenting mobile applications and my app meets them. ...
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A question regarding micro entity terms

I know that I meet the first condition where I have 0 patent filings. Also, my revenue is less than 10 thousand dollars a year. Though, I do not understand the third term. Can someone explain to me ...
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Provisional patents for software

I am trying to submit my first provisional patent in the UK but I keep getting confused about what sort of information I should put in at this stage. I know I should put as much information as I can, ...
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Can I use the “Background of the invention” from a similar patent in my provisional application?

1-Can I use the "Background of the invention" from a similar patent in my provisional application? 2-Can I write this? In this feature of the invention, I recommend increasing the sound. or this In ...
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How can I speak about upgrading the prior art/pre-existing/previous products?

My invention is a method to make improved products. Also, it can be used to improve the previous products by adding parts to them or replacing parts from them by improved parts. But some friends warn ...
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Would providing a sample put in jeopardy my patent pending?

I have a patent pending method dealing with data compression and encryption. At the moment, I am attempting talks with various companies in the technology sector. But due to difficulties in even ...
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Provisional Patent and Sale

I have an idea for a system that integrates 2 existing technologies in a novel and non-obvious way, but do not have the expertise or capacity to actually create the technology or a prototype. ...
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1answer
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Additional Design Patent as backup for a Provisional Patent (strategy)

I am considering filing both a provisional patent application and a design patent application. The design patent application would be a backup if the reviewer would abandon the provisional, so that at ...
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Infringement Issues

How does a company become competition for a company who has an existing patent on the product that we wish to sell? We are creating a foam roller company where our initial patent search did not ...
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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,...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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). ...
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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 ...
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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. ...
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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 ...
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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 ...
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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 ...
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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 ...
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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?
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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 ...
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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 ...
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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 ...
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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 ...