Questions tagged [provisional-application]

Question related to Provisional specification filing and rules thereof

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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My question is, can anybody provide any part of the US patent law proving or disproving the statement that: Dropped and unpublished provisionals do not impede novelty of other inventions?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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8 votes
3 answers
836 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 ...
Ted's user avatar
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7 votes
2 answers
6k 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 ...
Ayrton Senna's user avatar
7 votes
2 answers
399 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 ...
Luke's user avatar
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5 votes
1 answer
174 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 ...
vkolodrevskiy's user avatar
5 votes
1 answer
122 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 ...
user3658991's user avatar
5 votes
3 answers
188 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. ...
DatsunBing's user avatar
5 votes
3 answers
305 views

What is considered applicable prior art?

I contacted an invention development company about a general idea for a new product. Shortly afterward through a simple Google search I found a product very similar to my idea being sold on internet. ...
Kennneth Appleto's user avatar
4 votes
2 answers
185 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 ...
Rick James's user avatar
4 votes
2 answers
678 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 ...
New Alexandria's user avatar
4 votes
1 answer
261 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 ...
Kathryn M's user avatar
4 votes
1 answer
1k views

Is a Provisional Patent As Prior Art Sufficient Defense?

If you file a provisional patent purely to try and protect yourself, wouldn't that document the "invention" sufficient as such to be considered prior art? And if prior art is a valid defense, is it ...
Jmactacular's user avatar
4 votes
2 answers
248 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 ...
user avatar
4 votes
1 answer
200 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 ...
user1517108's user avatar
3 votes
1 answer
285 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 ...
Igor Urisman's user avatar
3 votes
1 answer
1k 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 ...
Giri's user avatar
  • 190
3 votes
1 answer
147 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, ...
Kozuch's user avatar
  • 209
3 votes
3 answers
325 views

Which is the best way to file a provisional application in the United States?

We are a group of researchers in Europe, interested in filling a provisional application for a patent regarding a device that we developed. What is the cheapest, fastest and more effective way to do ...
user14773's user avatar
3 votes
1 answer
361 views

When do provisional rights arise for a PCT application?

A patent holder in the USA has filed for a PCT for their invention. We have found that we we can’t sell a product that would infringe the US IP in the USA. However, are we able to continue selling ...
James's user avatar
  • 43
3 votes
3 answers
186 views

Mitigating possible patent exposure

I have spent the last 2 months working on an idea for a patent . I made designs and descriptions and I put it in an inventors notebook and had my 2 friends sign the book . I planned to submit the ...
user avatar
3 votes
1 answer
122 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 ...
paparazzo's user avatar
  • 133
3 votes
1 answer
55 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 ...
Doug Null's user avatar
  • 155
3 votes
1 answer
121 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 ...
user2174870's user avatar
3 votes
1 answer
175 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 ...
glutz's user avatar
  • 131
3 votes
1 answer
2k 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. ...
user3310's user avatar
3 votes
1 answer
77 views

Prior Art, an older Provisional Application and a new Patent Application (US 2014/0091685)

In reference to the patent: US 2014/0091685. I have a provisional application with the USPTO from 1994 for this invention which has been to market already. How is it that my initial invention has ...
Andrew Sadler's user avatar
3 votes
2 answers
427 views

Unintentional Delay Petition Validity - Provisional Expired b/c Embedded Font in PDF problem

Thank you greatly in advance for your time! I am a first time inventor/patent filer who had success using EFS-Web filing a provisional application. A year later, on the anniversary (3 weeks ago), I ...
michaelkkz's user avatar
3 votes
1 answer
509 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 ...
Ununoctium's user avatar
3 votes
2 answers
647 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 ...
Andrew Petersen's user avatar
2 votes
2 answers
5k 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?
Matt's user avatar
  • 41
2 votes
1 answer
139 views

Multiple inventions in US provisional patent, inventors in split application?

Say a company files a provisional with three completely different inventions. Inventors A & B worked on idea 1, inventors C & D on idea 2, inventor F on idea 3. 11 months later two ...
Stefan's user avatar
  • 123
2 votes
2 answers
80 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 ...
gatorback's user avatar
  • 711
2 votes
1 answer
285 views

What happens to the priority dates if a provisional application has more than one invention?

I know this question has been previously raised under the heading: "Can I describe two different ideas inside a provisional patent application" however what concerns me is the priority dates of the ...
Deon P Hugo's user avatar
2 votes
3 answers
22k views

Searching for US Provisional Patents

US8261231 "claims benefit to U.S. Provisional Patent Application No. 61/472,609, which was filed on Apr. 6, 2011... The contents of the above-identified applications are incorporated by reference in ...
CommonsWare's user avatar
2 votes
3 answers
390 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 ...
SamFisher83's user avatar
2 votes
2 answers
659 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 ...
Mikos's user avatar
  • 205
2 votes
2 answers
371 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 ...
Ayrton Senna's user avatar
2 votes
1 answer
171 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,...
user132162's user avatar
2 votes
2 answers
120 views

US20140312193A1 Is this an expired PPA or a non provisional patent?

I invented a similar idea years ago but never sold it or disclosed it publicly. ALthough I thought about patenting it in 2013 and could not find any anything similar at the time, I just didn't have ...
Melanie Lauren Beauchamp's user avatar
2 votes
1 answer
90 views

US Provisional Patent error

I filed a United States provisional patent for my invention 6 days back. Today I discovered that a algorithm I use in the invention has its name trademarked and I have in error mentioned that name ...
user1596722's user avatar
2 votes
1 answer
187 views

Similar Patents, Sweeping Claims

I have an Idea/Potential Patent, but someone else has a similar patent out. Our inventions are substantially different in design. One of their claims is very very general and seems to exclude an ...
Daniel's user avatar
  • 21
2 votes
1 answer
23 views

Refiling PPA of a non-disclosed invention after 12 month - are any changes required?

Let's assume I have missed the 12 month term and haven't filed neither regular patent nor national patents via PCT. The invention was disclosed only under NDAs during that time. Is it legal to just ...
user1876484's user avatar
2 votes
1 answer
31 views

"public use" or "disclosure" of a method which is a part of a provisional application implemented in a backend (not publicly visible or disclosed)

Let's say I have a provisional patent application (PPA) at USPTO regarding a method for scoring food for taste. I have a website for a beta release of an online service which uses this method of ...
vikx01's user avatar
  • 39
2 votes
1 answer
850 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 ...
user1709076's user avatar
2 votes
4 answers
170 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 ...
KRL's user avatar
  • 133

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