Questions tagged [provisional-application]
Question related to Provisional specification filing and rules thereof
129
questions
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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
70 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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2answers
30 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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2answers
29 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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1answer
31 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
30 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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2answers
78 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
106 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
28 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
33 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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1answer
204 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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1answer
33 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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2answers
161 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 ...
0
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1answer
48 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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0answers
23 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?
2
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4answers
82 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
29 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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2answers
697 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 ...
2
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1answer
53 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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2answers
186 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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1answer
41 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 ...
0
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1answer
57 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
23 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? ...
1
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1answer
34 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
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 ...
3
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1answer
121 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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1answer
255 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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2answers
64 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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2answers
74 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
61 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?
1
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1answer
102 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 ...
1
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1answer
89 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 ...
1
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1answer
132 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 ...
0
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1answer
51 views
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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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 ...
2
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2answers
132 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 ...
1
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1answer
165 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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1answer
249 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 ...
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1answer
178 views
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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1answer
87 views
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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1answer
150 views
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 ...
2
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1answer
447 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 ...
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1answer
219 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 ...
0
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1answer
130 views
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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0answers
105 views
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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0answers
28 views
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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1answer
140 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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1answer
202 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
59 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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1answer
1k 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 ...
