Questions tagged [provisional-application]

Question related to Provisional specification filing and rules thereof

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122 views

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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75 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, ...
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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 ...
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1answer
36 views

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 ...
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1answer
17 views

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 ...
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3answers
38 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. ...
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2answers
33 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 ...
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1answer
171 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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2answers
960 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?
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1answer
90 views

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 ...
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50 views

Where to describe 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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146 views

How important are claims in provisional 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 convert it within a year? I have read that you cannot mention ...
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1answer
35 views

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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80 views

In which countries can you file a provisional patent application?

What countries can you file a provisional patent application in?
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33 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 ...
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41 views

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 ...
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2answers
351 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 ...
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31 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 ...
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82 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). ...
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2answers
500 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 ...
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278 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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159 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, ...
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1answer
319 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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2answers
143 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
30 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 ...
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1answer
49 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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1answer
54 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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4answers
117 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
31 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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884 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
60 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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1answer
42 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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223 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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227 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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3answers
180 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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1answer
71 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
35 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
25 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
46 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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2answers
4k 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?
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146 views

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
131 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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920 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 ...
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2answers
70 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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1answer
300 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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1answer
149 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
63 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
104 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
95 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 ...