Questions tagged [provisional-application]

Question related to Provisional specification filing and rules thereof

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Retaining inventorship of abandoned provisional patent of India (even if rights are foregone)

I have a provisional patent regarding an electronic device (with outline of software black boxes as software alone cannot be patented in India). It is about to expire in sometime (12 month period). ...
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What is the proper way to file both USPTO and PCT application?

I have two USPTO Provisional Applications. I'm about to file a USPTO non-provisional by claiming priority to those two Provisionals. I'm also planning to file a PCT application. The specification, ...
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provisional patent description similar to another patent

i am in process of writing a PPA by myself. to write the detailed description,online resources suggested to look into similar patents to have an idea how to write it. i did find a patent which is very ...
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Provisional Patent Application Cover Sheet Error

I recently submitted a provisional patent application but I realized that I accidentally checked a box "Application Data Sheet" on the cover sheet even though I did not include it on my submissions. ...
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1answer
59 views

“The attached PDF file is not a PDF file. Please remove file, create PDF and reattach.”

I am getting the error "The attached PDF file is not a PDF file. Please remove file, create PDF and reattach." for the SB0016 - provisional patent PDF form. I downloaded the file from their own ...
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1answer
26 views

changing patent name on non provisional patent [that is claiming date from provisional application]

Can I change the patent name on my non provisional patent that is claiming the date from the associated provisional application if the new name is no longer the same as the name I used on the ...
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2answers
74 views

How exactly patent priority date works when multiple priority dates claimed?

I still can't able to understand how priority date works. Let's say I filed a provisional patent in Jan 2019. That specification contains nearly 95% of the real invention. In Jun 2019, I filed one ...
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0answers
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Provisional application reapply for an abandoned provisional Application [duplicate]

Can I file another provisional application for the same invention if the first one was abandoned?
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1answer
44 views

Can you protect yourself from patent infringement if you can show evidence that you come up with the idea first?

Let's say, you file a provisional application in Jan 2018 but you have not filed the non-provisional within one year i.e. Before Jan 2019 Another person filed a non-provisional patent of the same ...
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21 views

which documents need to be in a USPTO provisional utility patent for a software system

Presently I have: COVER SHEET ABSTRACT and CLAIMS What's missing?
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76 views

How to know if someone infringes your patent?

I want to patent a methodology for computing an important value, which is often reported by companies. My methodology gives a much better estimate of this value. The patent application attornies asked ...
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1answer
28 views

Are patent applications publicly available?

Are patent applications of pending patents publicly available? If so, can they be download somewhere?
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396 views

How long does it take to receive a provisional patent filing receipt?

I electronically filed my provisional patent application on December 26, 2018. When can I expect to receive my provisional patent filing receipt from the USPTO in the mail? At what point can I began ...
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1answer
47 views

How to qualify for micro entity status

I'm looking into filing a provisional application for a patent, and I'm trying to determine whether or not I'm classified as a micro entity. This website says that one requirement of qualifying as a ...
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148 views

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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1answer
41 views

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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1answer
49 views

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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1answer
22 views

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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1answer
31 views

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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1answer
41 views

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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1answer
106 views

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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1answer
206 views

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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58 views

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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1answer
60 views

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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1answer
98 views

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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1answer
84 views

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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1answer
121 views

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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1answer
45 views

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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2answers
31 views

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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111 views

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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1answer
128 views

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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236 views

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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1answer
141 views

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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1answer
83 views

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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1answer
148 views

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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1answer
352 views

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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1answer
200 views

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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1answer
111 views

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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94 views

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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28 views

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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122 views

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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1answer
167 views

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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1answer
56 views

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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684 views

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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1answer
359 views

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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44 views

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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43 views

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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1answer
780 views

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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205 views

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 ...