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Questions tagged [provisional-application]

Question related to Provisional specification filing and rules thereof

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what percentage of patent applications are directly non-provisional verus starting out with a provisional?

Is there any statistics on the breakdown? And specifically, what about patents for software?
Bear Bile Farming is Torture's user avatar
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Can someone file a patent for your invention in another country while your application with the USPTO is in provisional state?

Inventor files provisional application with USPTO, obtains "patent pending" status. Inventor then discloses his inventor to potential investors. Can these potential investors, or anyone, ...
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submitting a completed non-provisional patent application as a provisional patent application

I have hired a lawyer to draft a non-provisional utility patent application. When it is completed, could I submit it as a provisional patent instead? Whenever I am ready, I will then convert the ...
Bear Bile Farming is Torture's user avatar
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Unexpected fee payment during a provisional patent applicaiton

I've come to the last step of online filing a provisional US patent as a "small" not "micro" entity. The fee payment page lists fees as: 2005 PROVISIONAL APPLICATION FILING FEE $...
Bryce's user avatar
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How do I avoid the error during filing for an utility provisional application?

Upon clicking on filing for a utility provisional application I get two options and a warning that I am signing in as a guest user even though I am logged in. If i sign in again it doesn't make any ...
user42141's user avatar
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Micro entity status for provisional patent application

I am part of a small startup and we are in the process of filing our IPs. We fit the micro category as none of the inventors have any patents filed but have submitted 5 provisional applications. Is ...
Aakash's user avatar
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Are provisional patent applications made public when a PCT application that claims priority to the provisional is published?

Let's say I file a US provisional on 6/1/21. On 5/1/22, I file a PCT in the US receiving office that claims priority to the provisional filed on 6/1/21. On 12/1/22, the PCT application is published, ...
jordanpg's user avatar
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How long does it take to get the patent application number after submitting a patent application to the USPTO?

I am interested to know for provisional and nonprovisional patent applications submitted to the USPTO.
Franck Dernoncourt's user avatar
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I invented formulation. provisional patent application filed. if my ex-employee stolen it and misused, what I can do?

I invented formulation. provisional patent application filed. if my ex-employee stolen it and misused, what I can do to save from infringement.
Ishwar kundu's user avatar
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1 answer
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Why does the USPTO require that you sign a provisional patent application with an 'S-signature' when this signature can easily be forged?

When signing the provisional patent application form it must be signed with a so called s-signature. Such a signature consists of nothing more then your first, middle and last name encompassed by two /...
Maurice's user avatar
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What is a coversheet provisional patent application?

A lawyer mentioned that to me. Also he compared it to strategic provisional.
ratib90486's user avatar
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Difference in documentation between provisional patent and non-provisional patent

When I googled, I only find the difference in features/concepts. I'm actually referring to the content in the document when filing provisional vs. non-provisional. How is the literature different?
ratib90486's user avatar
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Can I apply for a patent if the provisional patent is filed by my university?

My university applied for a provisional patent for my work. The provisional patent will expire in 2 months and the university has shown no interest in filing a formal patent out of it. What are my ...
Pulsar's user avatar
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Refiling PPA of a non-disclosed invention after 12 month - are any changes required?

Let's assume I have missed the 12 month term and haven't filed neither regular patent nor national patents via PCT. The invention was disclosed only under NDAs during that time. Is it legal to just ...
user1876484's user avatar
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Double Priorty Claim

My question about using priorty of provisional and non-provisional patent application as priorty document for EP application. Let's say provisional application date is 10.10.2020 and non-provisional ...
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U.S. provisional application followed by a PCT application (in China, U.S. etc)

Before investing into a regular national patents via PCT (in China, U.S. and other countries) I would like to test the commercial potential of my invention. To this end I might utilize U.S. ...
user1876484's user avatar
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Provisional patent v. timestamped blockchain evidence as a proof that idea was stolen

I want to file utility model and patent application in China (and then globally via PCT). In China they do not have provisional patents so I'm still not allowed to use my invention openly even if I ...
user1876484's user avatar
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Most countries require that patent applications be filed before public disclosure of an invention: does it include US provisional patent applications?

I read on techtransfer.harvard.edu: In the United States, patent applications may be filed up to one year after an invention's first public disclosure. In contrast, most foreign countries require ...
Franck Dernoncourt's user avatar
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US provisional patent application considered disclosure by the Indian patent office

Say I filed a provisional patent application at the USPTO on June 1st, 2020. The following year I filed a non-provisional on May 30th, 2021. I think file a complete patent application at the Indian ...
vikx01's user avatar
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Does filing a provisional application slow down when your application will be examined?

...assuming that you file the non-provisional within the year? In other words, does filing a provisional application put your application in the same place of the waiting queue as if you had filed a ...
Bear Bile Farming is Torture's user avatar
2 votes
1 answer
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"public use" or "disclosure" of a method which is a part of a provisional application implemented in a backend (not publicly visible or disclosed)

Let's say I have a provisional patent application (PPA) at USPTO regarding a method for scoring food for taste. I have a website for a beta release of an online service which uses this method of ...
vikx01's user avatar
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1 answer
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Late non provisional submission in the US!

I submitted a provisional on 8/19/21 and had a few hiccups these past few weeks having me finishing up final touches on the last day to submit my non provisional patent. I had technical issues with ...
E. Spatharius's user avatar
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2 answers
139 views

Getting error while access Private PAIR Tools

I'm trying to check my provisional patent status through Private PAIR tool and keep getting following error page after logged in. I uploaded my patent application through https://efs.uspto.gov/...
Dumindu Madushanka's user avatar
2 votes
1 answer
162 views

Multiple inventions in US provisional patent, inventors in split application?

Say a company files a provisional with three completely different inventions. Inventors A & B worked on idea 1, inventors C & D on idea 2, inventor F on idea 3. 11 months later two ...
Stefan's user avatar
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Does a non-resident need a patent attorney to file a Provisional patent application with the USPTO?

I have read that a non-resident needs a qualified patent attorney to file a non-provisional patent application directly with the United States PTO. My question is whether this requirement is also ...
user2297550's user avatar
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1 answer
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How to sell or license out your invention before your patent is approved?

I just recently learned that it takes years for a patent to be approved (which is utterly ridiculous). So is there a way to sell and or license out your invention while your application is waiting for ...
Bear Bile Farming is Torture's user avatar
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2 answers
137 views

instead of drawings, can one submit videos in your patent application demoing your invention?

I cannot draw, but I can make videos. Is it allowed to use videos instead of drawings?
Bear Bile Farming is Torture's user avatar
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2 answers
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For how long does one have the right to say "patent pending" after submitting a provisional patent application in the United States?

I read on https://www.legalzoom.com/sem/ip/patents.html (mirror): For how long does one have the right to say "patent pending" after submitting a provisional patent application in the ...
Franck Dernoncourt's user avatar
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1 answer
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Can co-inventor add other co-inventors without my knowledge?

A little under a year ago, I filed my first provisional patent (in the USA) with a very small group of people. Recently, it came to my attention that one of the co-inventors has added a bunch of other ...
Boltzmannian's user avatar
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2 answers
331 views

Provisional application in UK

According to the official documentation, the equivalent of provisional applications in the UK is to file an application without requesting search or examination, and subsequently, within 12 months, ...
Pa_'s user avatar
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Why are claims not mandatory in provisional application?

Well, a claim refers to the extent of the protection conferred by a patent. If claims are so important so why they are not mandatory for the provisional application? There has to be a reason for such ...
Tank's user avatar
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1 answer
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Provisional vs Non-provisional patent dates

Lets say I file a provisional patent at December 2020 with claim A. Some company B decides to file a application for non provisional patent with the same claim A at January 2021, because my ...
Stejk's user avatar
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1 vote
1 answer
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How much can you change a PPA when converting into a Non-Provisional such that you will be able to keep the PPA date? [duplicate]

Concerned with PPA “converting” to Non-Provisional I am in the process of drafting up a software Provisional Patent Application. I have an issue in that there are parts of the system that require ...
Sam Parker's user avatar
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3 answers
62 views

Separate or single provisional patent application/s for an algorithm and presentation

I am working on drafting a provisional patent application (PPA) for an algorithm (which is novel, non-obvious and useful) and the presentation of the result of running of the algorithm on some data. ...
vikx01's user avatar
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1 vote
2 answers
192 views

Can you amend a non-provisional patent application to bring in information from referenced provisional patent applications?

As the title states. Can you amend a non-provisional patent application to bring in information from referenced provisional patent applications? For example: I have a figure in the provisional that ...
XRRX's user avatar
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1 answer
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My professor did not write my name in the inventor list although I am the lead author on the publication that claim the product

I am current graduate (international) student in a chemistry lab in USA which filed a provisional patent. I just discovered a few days ago that I am not the inventor on the patent although I solely ...
Imran's user avatar
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1 vote
2 answers
565 views

In which countries can you file a provisional patent application?

What countries can you file a provisional patent application in?
Patent researcher's user avatar
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3 answers
63 views

Is it safe to share our published PCT Application with an Investor before entering the National Phase?

Following our PCT application process, as we enter the National Phase next month, we have been approached by a large potential investor. In reviewing potential investment, the investor has asked to ...
Farloweb Technologies's user avatar
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1 answer
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Can I refile my own provisional patent that has lapsed due to delay in responding to USPTO?

There was some issue with my provisional patent filing and the time given by USPTO to respond has lapsed. So, could I refile the patent as a NEW provisional patent filing under the SAME title 3 months ...
kovevoy762's user avatar
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2 answers
42 views

If I am submitting two different provisionals for two different claims on the same invention can some sections be the same or similar?

Hi if I am submitting two provisional patent applications for two different claims but for the same invention can sections such as background, summary, drawings, detailed description, terminology, and ...
Richard Yoon's user avatar
1 vote
2 answers
88 views

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). ...
Prasad Raghavendra's user avatar
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2 answers
343 views

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, ...
PrivateUser's user avatar
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1 answer
37 views

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 ...
azmat bilal's user avatar
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1 answer
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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. ...
kimberly's user avatar
2 votes
1 answer
878 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 ...
user1709076's user avatar
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1 answer
207 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 ...
okcapp's user avatar
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1 vote
2 answers
587 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 ...
PrivateUser's user avatar
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1 answer
64 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 ...
PrivateUser's user avatar
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0 answers
25 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?
Doug Null's user avatar
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2 votes
4 answers
184 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 ...
KRL's user avatar
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