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Questions tagged [provisional-application]

Question related to Provisional specification filing and rules thereof

9
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2answers
787 views

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My question is, can anybody provide any part of the US patent law proving or disproving the statement that: Dropped and unpublished provisionals do not impede novelty of other inventions?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 ...
8
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3answers
720 views

How would I file a Provisional Patent by myself?

I have a great idea that I would like to protect, but I don't have the budget for a patent attorney at the moment. I was thinking to do it by my own. I wanted to know if I try my best to define the ...
6
votes
2answers
5k views

How detailed should a provisional patent application be? (Software)

I am considering filing for a provisional patent which deals with mobile and web technologies. Now this is a method to do something. But how detailed do I go? Right now, I have something working in ...
6
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1answer
128 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 ...
6
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3answers
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. ...
6
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2answers
264 views

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 ...
5
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1answer
110 views

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 ...
5
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1answer
112 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 ...
4
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2answers
641 views

What kind of patent is this 'interlocking flexible rigid material'?

Apple recently filed an application in the US: 20130216740 INTERLOCKING FLEXIBLE SEGMENTS FORMED FROM A RIGID MATERIAL I am confused by the contrasting elements of the description, such as this ...
4
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1answer
204 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 ...
4
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2answers
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 ...
4
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1answer
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 ...
3
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2answers
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 ...
3
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1answer
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, ...
3
votes
1answer
82 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,...
3
votes
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 ...
3
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1answer
42 views

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 ...
3
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1answer
97 views

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 ...
3
votes
1answer
165 views

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 ...
3
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1answer
1k views

Can you file an executed declaration in a provisional application?

Attorney wants to get declarations executed with respect to the provisional application, then hold it in the file until utility is filed. This is done in case an inventor leaves the company. ...
3
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1answer
191 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 ...
3
votes
1answer
401 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 ...
3
votes
2answers
468 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 ...
2
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2answers
3k views

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?
2
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1answer
551 views

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?
2
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2answers
46 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 ...
2
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2answers
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 ...
2
votes
3answers
340 views

How similar does non provisional and provisional patent have to be?

I prefer to not spend a lot of money before I see if it has any value so I would like to file a provisional patent on my own. The basic invention takes some data from inputs encodes it in a certain ...
2
votes
2answers
559 views

Provisional Patent Vs Full Patent - assignment to employer

The company I worked for, filed 2 provisionals for my invention - I was listed as the sole inventor, and I signed assignment forms. Those provisionals were converted to full patents, earlier this ...
2
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2answers
359 views

Can I include multiple specific software functionalities of my broad idea in a single provisional patent application?

I have a limited budget and I am looking form a startup based on my idea. My idea is related to mobile (Android, iOS, etc) apps and a supporting website. It is a broad idea which can be implemented ...
2
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1answer
37 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 ...
2
votes
1answer
216 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 ...
2
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1answer
242 views

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 ...
2
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4answers
58 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 ...
2
votes
1answer
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, ...
2
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1answer
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 ...
2
votes
1answer
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 ...
2
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1answer
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 ...
2
votes
1answer
86 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 ...
2
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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 ...
1
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1answer
279 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 ...
1
vote
1answer
148 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 ...
1
vote
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 ...
1
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2answers
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 ...
1
vote
2answers
594 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 ...
1
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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 ...
1
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1answer
164 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 ...
1
vote
1answer
285 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 ...
1
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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 ...
1
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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 ...