Questions tagged [provisional-application]
Question related to Provisional specification filing and rules thereof
205
questions
1
vote
1
answer
61
views
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 ...
0
votes
1
answer
30
views
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 ...
0
votes
2
answers
33
views
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?
0
votes
2
answers
29
views
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 ...
0
votes
1
answer
41
views
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 ...
0
votes
2
answers
53
views
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 ...
0
votes
1
answer
20
views
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 ...
0
votes
2
answers
24
views
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 ...
1
vote
1
answer
56
views
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 ...
0
votes
2
answers
62
views
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 ...
1
vote
2
answers
88
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, ...
0
votes
2
answers
20
views
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 ...
0
votes
1
answer
40
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 ...
1
vote
1
answer
19
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 ...
0
votes
3
answers
54
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. ...
1
vote
2
answers
73
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 ...
0
votes
1
answer
127
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 ...
1
vote
2
answers
180
views
In which countries can you file a provisional patent application?
What countries can you file a provisional patent application in?
0
votes
1
answer
33
views
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 ...
0
votes
2
answers
43
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 ...
0
votes
1
answer
45
views
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 ...
0
votes
1
answer
48
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 ...
0
votes
2
answers
35
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 ...
0
votes
1
answer
34
views
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?
1
vote
2
answers
85
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).
...
0
votes
2
answers
179
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, ...
0
votes
1
answer
31
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 ...
0
votes
1
answer
39
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. ...
2
votes
1
answer
633
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 ...
0
votes
1
answer
64
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 ...
1
vote
2
answers
370
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
votes
1
answer
56
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 ...
0
votes
0
answers
24
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
votes
4
answers
143
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 ...
0
votes
1
answer
35
views
Are patent applications publicly available?
Are patent applications of pending patents publicly available? If so, can they be download somewhere?
0
votes
2
answers
966
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
votes
1
answer
71
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 ...
0
votes
2
answers
34
views
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 ...
0
votes
2
answers
254
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?
1
vote
1
answer
43
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
votes
1
answer
82
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 ...
0
votes
1
answer
136
views
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 ...
0
votes
1
answer
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? ...
1
vote
1
answer
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 ...
1
vote
1
answer
52
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 ...
1
vote
1
answer
38
views
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 ...