Questions tagged [provisional-application]

Question related to Provisional specification filing and rules thereof

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Does a non-resident need a patent attorney to file a Provisional patent application with the USPTO?

I have read that a non-resident needs a qualified patent attorney to file a non-provisional patent application directly with the United States PTO. My question is whether this requirement is also ...
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How to sell or license out your invention before your patent is approved?

I just recently learned that it takes years for a patent to be approved (which is utterly ridiculous). So is there a way to sell and or license out your invention while your application is waiting for ...
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instead of drawings, can one submit videos in your patent application demoing your invention?

I cannot draw, but I can make videos. Is it allowed to use videos instead of drawings?
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For how long does one have the right to say "patent pending" after submitting a provisional patent application in the United States?

I read on https://www.legalzoom.com/sem/ip/patents.html (mirror): For how long does one have the right to say "patent pending" after submitting a provisional patent application in the ...
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Can co-inventor add other co-inventors without my knowledge?

A little under a year ago, I filed my first provisional patent (in the USA) with a very small group of people. Recently, it came to my attention that one of the co-inventors has added a bunch of other ...
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Can you patent in a futuristic idea with great detail

Like a space industry idea for AI are in an immortality idea etc using a pre vision patent and a great detail but not a physical product yet then license it to companies are super AI concepts or idea ...
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Should a second provisional reference or incorporate a first provisional?

Let's say I have filed a first provisional with content A. About 2 weeks later, I add some more explanatory bits to my spec, maybe some more drawings showing greater detail in some aspects, and some ...
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Provisional vs non-provisonal utility patent?

I am trying to get a patent on an invention, spoke to my patent lawyer and he stated that the patent search looked good and asked me if I wanted to proceed with a provisional patent or a utility ...
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Can I begin sale after a provisional and before a PCT without losing IP rights?

I recently filed a provisional application. The invention is in a late stage of development in terms of bringing to market. So my question is if I were to begin sale before a PCT is filed, but within ...
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What are the absolute minimum theoretical requirements for a provisional patent application?

As far as I know, it is illegal to advertise an invention as "patent pending" unless a patent application has actually been filed. So, theoretically, if a company or individual wanted to ...
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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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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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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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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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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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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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In which countries can you file a provisional patent application?

What countries can you file a provisional patent application in?
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Can I patent in the US a handmade toy that is made in Brazil?

I am wondering if I can patent in the US a handmade toy that I saw in Brazil. It is not patented in Brazil I believe. I do however, have a few improvements on the original design, but the rough idea ...
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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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No link to referenced provisonal in Public Pair database: Does the provisional not exist?

I'm used to being able to look up referenced provisionals in the Public Pair database by clicking on the link over their application number under the "Continuity Data" tab. However, I've come across ...
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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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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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Provisional patent on a patented product?

Can I file a provisional patent on a patented product that I have changed so it works better but still keeps the same components of orginal idea?
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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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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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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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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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"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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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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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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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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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?
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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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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 invented and patented a support garment for pregnancy

The patent expired after 15 years and I was not in a position to renew it. I have now found several modifications and materials that were not available to me when I first patented the garment, can I ...
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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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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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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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After filing Regular patent applications, can I file a Provisional, which would be the basis of Continuation filings after I go public?

I previously asked this question: I have filed non provisional, regular utility patents applications. I will be also filing continuation applications. Can I add or amend claims after the content is ...
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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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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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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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Referencing existing consumer product in provisional patent application

If I was filing a provisional patent for an invention that works with an existing product, what is the most elegant way to refer to that other product in my provisional patent text? For example, if I ...
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