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Questions tagged [provisional-application]

Question related to Provisional specification filing and rules thereof

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Are patent applications publicly available?

Are patent applications of pending patents publicly available? If so, can they be download somewhere?
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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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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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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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67 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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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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134 views

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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107 views

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 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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An efficient way to protect my software

I am developing a software application. At the heart of it is a method which I think passes the tests for 'patent-ability' and I am planning to lodge a provisional application just before I launch. ...
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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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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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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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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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Is there a way to get international protection on a provisional patent?

Is there a way to get international protection when registering for a provisional patent?
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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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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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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 ...
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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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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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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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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
57 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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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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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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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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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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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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455 views

Naming New Inventors when Converting a Provisional Patent to a Full Patent

If I file a provisional patent application in the US and then convert it to a full patent in 1 year, can I name additional inventors on that full patent application?
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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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Will claiming priority from provisional patent reveal it?

I have a single provisional patent application (PPA) in USPTO for some inventions. Now I want to pursue only one of them, because that invention was revealed to public. And I will claim priority from ...
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1answer
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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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121 views

File Provisional Application without some implementation details

I found a problem in the world, right now this problem is not solved properly(already did patent search, did not found anything similar to it or any product on the market). I know how it can be solved ...
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1answer
174 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 ...
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1answer
106 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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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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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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is a computer listing necessary for a provisional utility patent?

My invention is a printed circuit board with a micro-controller, which runs my software algorithm. The algorithm is about 3500 lines of source code. I just read USPTO rule that computer listing of ...
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1answer
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Is there a legitimate/reliable way to apply for a software patent for < $1000?

I'd like to patent a niche idea for a software product. I'm just an individual developer. I have no access to a legal team or expensive legal services. What is the best option for applying for ...
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2answers
209 views

How much effort should be put into preparing a provisional patent application?

This is perhaps a highly ambiguous question, so let's use an example. say I have stumbled upon this new billion dollar idea which is stackexchange (assume it is exactly what it is now just that it ...
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1answer
169 views

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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1answer
144 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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123 views

Can provisional applications be sold/assigned?

Can provisional applications be sold/assigned? I don't just mean in theory, but is buying provisional applications something that companies do? I'm not asking about "suing the Goliath", but rather ...
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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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298 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
127 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
47 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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237 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 ...