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Questions tagged [provisional-application]

Question related to Provisional specification filing and rules thereof

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Can text from a provisional application be added to a PCT application after the PCT application has been filed?

Can a text omission from a provisional application be considered as a new subject matter when submitted for amendment during the chapter 2 of the PCT application?
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If I freely described, in words and pictures, to individual companies(not “publicly”) could I patent it, if no prior art?

I have developed a grain drying/storage system, which I started documenting in 2008. I have shown this system, in general, to individual manufacturers and organizations without monetary compensation ...
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Advice for Prior Art Shared via Social Media

In January of this year I shared an image of an invention via a certain social network. I would now like to file a provisional patent to buy me some time while I see if the invention is economically ...
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Can I use forward numerical referencing in Detailed Description?

I am drafting a Provisional Application. I have two drawings. Figure 1 : (1.01,1.03) Figure 8 : (8.01,8.03) as part numbers. In the detailed description of Fig 1, can I take the reference of 8.01? ...
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Step by step walk through for a United States low income patient

How do I apply for the patent process mentioned in the below question's answer? Can someone guide me on how to do this? Is there a cheaper patent for low income applicants? I understand that I am ...
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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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Do you need to file Information Disclosure Statements for US Provisional Apps?

I would assume no based on the following from 37 CFR 1.56(a): The duty to disclose information exists with respect to each pending claim until the claim is cancelled or withdrawn from consideration,...
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Can an idea be released into the public domain while patent is pending?

I understand that a successful patent application can take several years from first filing to granted. I'm trying to understand what options a startup has in making progress on developing the product ...
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Are Provisional Applications ever denied filing dates?

QUESTION 1 In the US: As I understand it, provisional applications (PPA) are not examined. If this is correct, then are filing dates ever denied? If yes, under what circumstances? QUESTION 2 As I ...
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Is a photograph appropriate for a PPA?

An electronic measurement system is built of 'computer off the shelf' components: there are no custom designed parts. QUESTIONS Does it make sense to provide a diagram of the interconnected parts ...
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Is there a cheaper patent for low income applicants?

Is there a government supplement that offsets the cost of obtaining a patent for low income families?
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How to create multiple patents from core patent?

I need to file around 5 patents. Patent A, B, C, D and E Patent A is the core invention. Patent B, C, D and E are derivative patents and it depends on the Patent A invention. I have no problem in ...
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Can a provisional patent be filed based on a prototype needing some refinement?

I have a product idea and working prototype - the fundamental uses and advantages of my product are clear, and I can describe clearly how the prototype is built. However, it is a somewhat crude ...
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Clarification of USPTO PPA and foreign (non-US) venues

An excerpt from The Provisional Patent Application: What You Need to Know includes: most other countries usually base the time for filing a non-provisional application in their countries on the ...
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Where in the EFS process does one indicate micro-entity membership?

I am interested in filing a provisional patent application via EFS and would like to understand: Is there any paperwork (tax returns, etc.) I need to prepare to file as a micro-entity? Is filing as a ...
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Does a provisional patent have to be filed through USPTO?

I have read on the poor mans patent, but I am wondering if there is any legal backing for a idea that was written in a document and stored on a local file system. I do realize that this is faulty ...
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Provisional Patent Confidentiality

As I understand it, the USPTO will not examine the provisional patent until the non-provisional is submitted. Once filed with the USPTO is there any reason not to share the provisional application ...
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Patent Application Size

If I am searching for a patent agent to review a patent application, I would expect that the agent would want to understand the size / complexity of the work. How is this typically ballparked? For ...
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Will publishing parts of a provisional application jeopardize regular application based on it?

This old Science paper, among others, explains well how any public disclosure precludes patentability. How does this equation change if I file a provisional first, then publish the invention in a peer ...
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Provisional Patent Application (PPA) Claims Strategy

I am reviewing a PPA template from Brad Fach's patentfile.org. The PPA section comments include: *Claims are not required for a provisional application so if you are in a rush for time then ...
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Should provisional application anticipate regular application(s)?

I am a founder of an enterprise software startup and about to file provisional patent(s) on which the software is based. I realize the advantages of bypassing the provisional application, but the cost ...
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Patent protection per country

If I provisionally patent an invention in 1 country(USA) and then develop and take to market in that country and others, before patenting within 1 year, can someone copy the invention and take it to ...
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Does filing a duplicate provisional within the 12 months of filing the original negate my original filing date?

I filed a provisional patent app about a year ago. Seven months later I refiled the exact same provisional. Does the second filing delete or get rid of my original filing date? Do I now only have ...
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How important is the level of disclosure in a provisional application?

When writing a provisional application, do I need to treat it as if I'm drafting a non-provisional? Or can I just explain my invention and send it in, and it will be good as long as the provisional ...
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Can I link an unregistered eFiling to a new account?

I made an eFiling for a provisional patent application while unregistered. Can I now register myself and link that filing to my USPTO account? I have found that it would be useful to have an account ...
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If someone file for a full patent after i file for a PPA can they steal my idea?

This information may be wrong but as im researching patents and PPAs. I heard if i get a PPA then after someone file a full patent if i don't get a full patent after my PPA ended they can legally take ...
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If i added an improvement to my PPA using only a drawling am i covered?

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 ...
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Can a provisional patent applicationl be inherited?

A patent is a personal property and can be inherited as shown in this answer: Inheritance of enforceable patents . However what happens if a provisional application is filed. Can an heir claim the ...
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Are grammatical errors allowed in provisional application?

English is not my first language. I'm about to file Provisional application. But it might contain grammatical errors. I'm planning to hire a patent attorney for drafting the non provisional. Can I ...
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Patenting Inventions and Commercialisation

This will be my first time asking a question, so forgive me if I duplicate an existing question. I have designed which I believe is a novel method in the form of a product for an existing process (i....
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Can I make changes to provisional patent once filed?

I do understand that provisional patent has one year grace period. Am I able to add important points within this one year grace period (Ex: after 1 month) and file the non provisional patent in the ...
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Why do patent description contains serial numbers like [0001], [0002] etc?

In most US patent descriptions, I see serial numbers like [0001], [0002] etc. Are they there for readability or are they a requirement? I'm working on provisional patent application. Does a ...
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Is there any limit in patent image height and width?

I'm about to file a provisional patent. Some of my patent flowcharts diagrams looks way bigger. Is there any limit in patent image height and width?
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Is a galley / kitchen layout for a small space patentable

A small space is like a camper, conversion van, or boat. Galley in this question is limited to sink, burner (hobb), and food preparation. Something like this: Cannot disclose the specific design ...
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How do I reference provisional patent B in provisional patent A?

I'm about to file two provisional patents. Patent A and Patent B are different patents. However a tiny section of Patent A depends on Patent B. How do I reference patent B in patent A?
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Using provisional patent application only for “patent pending” status

I know it is illegal to advertise an invention as "patent pending" unless a patent application has been filed. I also know that provisional patent applications are never actually examined (unless you ...
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How many drawings can a patent have?

I'm about to file a USPTO provisional patent in a couple of weeks. Is there any upper limit for the number of drawings I can have in my utility 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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Regarding selecting a font on the provisional patent

So, I decided to go with the Courier New font offered by Microsoft Word in writing my provisional patent. I am assuming that is the same Courier font suggested by the UPSTO? Anyway, I have written a ...
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Provisional patents formal font size and style

I wonder if anyone can direct me to an article on which font to use for headers and text in a patent. I have searched some articles without luck. I want my provisional patent to be as formal as the ...
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I would like to use this mirror for motorcycle use with different mounting as sold

In reference to the patent: USD247292 I would like to use the mirror with an "L" bracket (manufactured) installed in place of the bar end mount for off-road motorcycle use. "L" bracket would be ...
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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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What software can I use to e file a provisional?

I'm having a tremendous amount of difficulty getting the electronic filling system to accept my application. I'm using Open Office and Microsoft Office Word to create documents and convert them to PDF'...
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How do I file a water-tight provisional patent for an article worn around a person?

I have an idea for a piece of apparel both a design patent and a utility patent worn around various locations of the body. I have noticed patents filed for universal and off-earth claims. I wish to ...
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When exactly do you lose the provisionals priority?

After reading some previous questions about provisionals, especially from inventors wanting to write them themselfs and consult an attorney only for the non provisional, I was wondering, how much do ...
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Two aspects of the same invention and one aspect is not unique

Ok, so suppose I have an iOS patentable application. The app consists of two components let us name them Com1 and Com2. Com1 is simply a normal means of input that takes input from the user of the app ...
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What happens to the new patent, if there is another similar provisional patent (withdrawn or fee not paid ) available for public

We are filing a new patent, on one concept but there is a provisional patent available for public which is not valid (may be they have not paid the fee or it was withdrawn). Once our patent is ...
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Repatenting someone else's dropped provisionals

My question is, can anybody provide any part of the US patent law proving or disproving the statement that: Dropped and unpublished provisionals do not impede novelty of other inventions? And how ...