Questions tagged [provisional-application]

Question related to Provisional specification filing and rules thereof

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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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44 views

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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154 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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283 views

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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42 views

What happens to the new patent, if there is another similar provisional patent (withdrawn or fee not paid ) available for public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but there is a provisional patent available for public which is not valid (may be they have not paid the fee or it was withdrawn).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My question is, can anybody provide any part of the US patent law proving or disproving the statement that: Dropped and unpublished provisionals do not impede novelty of other inventions?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 ...
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110 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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1answer
298 views

Should I abandon my provisional and start over?

Situation: Filed my provisional 11 months ago. Rewriting to file as regular US and PCT applications. Pro se currently, may have pro bono help in a couple of months, for filing further claims in ...
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74 views

The provisional patent and future idea for my mobile app

Ok, so I was examining plenty of patents on Google Patents to determine how I am going to write mine. From reading and watching Youtube provisional patents tutorials, they all say the same thing. Add ...
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405 views

Writing my provisional patent application for my app, I have a question

Ok, so I have decided to write my PPA to protect my idea and I am writing all aspects about this new idea. I started using Google Patents to read some of the non-provisional patents to have some idea ...
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108 views

Writing a provisional patent draft for a mobile app

I am in the process of writing a draft for my provisional patent. I have spent a great deal of time reading the books and watching videos on youtube plus some patenting courses. One of the tutors said ...
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78 views

When is the right time to apply for my provisional patent

I have just finished testing my mobile application and I am ready to release it. The idea is novel and patentable. I have made sure of that. Now I have a question, I want to know the right time to ...
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129 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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183 views

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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53 views

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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175 views

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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601 views

Are hand drawn diagrams sufficient for provisional utility patent?

To save time, I want to do a USPTO provisional utility patent that includes hand drawn system diagram, software block diagram, and software flowchart. These will have ALL the same info. as the ...
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is a provisional utility patent the way I need to go?

I want to protect my invention as soon as, and as fast as possible with a provisional utility patent for the software and hardware design, and then have 12 months to complete the claims, etc. for the ...
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34 views

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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What happens when a non-provisional patent infringes a provisional patent?

Lets say John files a provisional patent at January 2016 with claim A. Some company B decides to file a non provisional patent with the exact same claim A at March 2016, because John's provisional is ...
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Where to desribe the problem in my application

I am preparing a provisional application for a project I have been working on. In the link below, from IP Australia, they say that the problem and solution should be described as part of the Summary, ...
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132 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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4answers
186 views

Am I reading this right? — the cost for a provisional patent application

Legal-speak is convoluted with words that have no conventional meaning and long-winded detail. I am unsure how much my provisional patent application will cost me. Click here and ead the table at ...
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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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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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How do you you find a patent lawyer by looking at patents?

I am looking for a patent lawyer who understands certain subject matter. in reviewing existing patents i can see the subject mater that is related. How can i find out who the lawyer was?
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102 views

Filing dates utility provisional application versus follow up design patent application

I filed a utility provisional patent application less than 1 year ago. If within 1 year of the utility prov appl filing date I also file design patent application(s) for the same idea, will the ...
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123 views

Get the same patent in multiple countries

Say I am an inventor and want to maximize the protection of my invention, so I want to patent the same thing (invention) in as many countries as possible (or at least in the biggest markets like US, ...
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1answer
105 views

Is it possible to obtain a patent on a technology I am already selling?

As part of software product I needed a software utility (library) that I could not find so I built it from scratch. I think it is unique and has some value and for sure I want to protect it. Since it ...
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366 views

File provisional patent application in India before getting published in a Journal

I want to patent an algorithm in India. I have done enough prior art and I am sure that no such algorithm exists till date. The problem is I have also written a research paper for the same and ...
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199 views

PCT Application

If a Provisional Application is filed in USPTO, let us say on June 01 2015 and before June 01 2016 a proper PCT Application (an International Provisional Application, this is also a provisional) is ...
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717 views

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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403 views

How specific should a provisional utiltiy patent be?

My question is regarding a provisional utility patent. I’ve been told (by non-professionals) that it is advantageous to make your provisional as detailed as possible. The way I understand this advice ...
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2answers
470 views

Should I file multiple provisional patent applications when my invention can span different sizes?

I am working on a provisional patent application for a household object. The invention is a simple item that comes in a large and small size. Do I need to file separate applications for each size, if ...
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128 views

provisional patent question

My invention is a file folder box and I am inventing the box and the file folders that go into the box. Each could be sold separately, and each can be used by itself without the other and still be ...
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564 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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255 views

Which countries require a claim for using a PPA as priority date?

The book Patent It Yourself states: I recommend that your PPA contain at least one claim (to) prevent any challenge to your PPA by foreign patent offices for failure to claim the invention as of ...
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774 views

Provisional patent in US for non-US citizen

Can a non-US citizen file a provisional patent in US? Does he need to hire an attorney or can he do it himself? What does he need to do to convert the provisional patent into a final patent? (meaning:...
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2k views

Provisional Patent in Europe

I want to see if an idea can work in the European market, but I want to protect it. Can I fill a provisional patent application in Europe, and then if the idea does not work just disregard the patent ...
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Objecting granted Patent based on own e-mail correspondence as Prior art?

15 years ago I filed a provisional patent to establish myself as first in line to patent an idea for a novel internet business. I then submitted the idea (my working notes and flowchart) to a ...
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848 views

Can a same provisional application be filed in two different countries?

My colleagues in China and I (in a US University) has filed provisional application (both names are in the applcation) to the US Patent Office. Can my colleauges in China file the a patent ...
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596 views

Provisional application drawings vs non provisional patent drawings

Can the drawings in a provisional application be less detailed than the drawings that will be submitted in a corresponding non-provisional patent as long as there are no material differences between ...
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843 views

Is there any requirement on font size and format of provisional patent application?

AFAIK, at USPTO, there are requirements on font size and format for non provisional application. Is there any requirement applying to provisional application? Because I want to combine many unrelated ...
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175 views

Similar Patents, Sweeping Claims

I have an Idea/Potential Patent, but someone else has a similar patent out. Our inventions are substantially different in design. One of their claims is very very general and seems to exclude an ...
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1answer
145 views

Provisional application problems

A provisional application is filed to USPTO and something turns out to be wrong and therefore has to be modified when the following non-provisional application is filed. In this case one problem is ...
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213 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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32 views

Provisional patent registration in US for SA resident

I am a resident in Cape Town , SA, what steps would I need to take to register a provisional patent in the US?
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188 views

Can PCT application based on US provisional patent without claim?

AFAIK, US provisional patent is valid for later use even without any claim, but I heard that some countries require patent having claims. So does PCT application accepts US provisional patent without ...
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0answers
66 views

Licensing Strategies and Negotiaitons

Q: What is your seasoned opinion on how to best proceed to negotiate a profitable and fair licensing deal under the following circumstances. I most appreciate opinions from those who have actually ...
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367 views

If I file a provisional patent application, could someone else file a PCT application for the same invention during the first 12 months?

I'm working in a startup with a limited amount of investment. We'd like to file for a US provisional patent. My understanding is that after 12 months, I can upgrade to a PCT application. For this ...