Questions tagged [provisional-application]

Question related to Provisional specification filing and rules thereof

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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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I have patent applications for the same invention in different countries. Can I choose which application to use as priority for a PCT one?

I have a US non-provisional that claims priority to a provisional one. It is not published yet but its priority period has expired. I also have a pending Australian provisional application for exactly ...
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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CFR 1.56(a): The duty to disclose information exists with respect to each pending claim until the claim is cancelled or withdrawn from consideration,...
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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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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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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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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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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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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 ...
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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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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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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 ...
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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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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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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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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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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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patent for an interface of functions presently not in use in any mobilepp

Hi i believe i have developed certain functional usage/interface in an app which are unique. to explain - they arent invention or technological breakthrough. But would fall under the purview of user ...
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purchase or license a prior invention [duplicate]

How do I go about either purchasing or licensing an invention that has an abandoned PPA? If the inventor is already selling said invention but never filed a patent, only a PPA, which expired 4 years ...
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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 ...
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A company claims they provisional patent on my idea 17 months ago, but haven't published anything that uses it

17 months ago I filed for a provisional patent and approached a company the very next day to licence it. They claimed they have a provisional on my idea and that they are working on it already, yet ...
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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 ...
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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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Excessive disclosure in a provisional utility patent

Is it possible to provide too much information in describing a novel device? By too much I mean providing detail that unnecessarily makes it easy to reproduce the device. I am seeking to understand ...
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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 ...
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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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If my PPA and patent are written differently will the patent get rejected?

Lets say I file a PPA that's very broad but when I have patent wrtiten it's very detailed. Or if I add features to my patent that weren't in the PPA will my patent get reject since the patent office ...
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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 ...
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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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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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How can the difference between "Priority Date" and "Filing Date" be greater than 1 year?

For most patents (at least the ones I looked at) there is no more than 1 year difference between "Priority Date" and "Filing Date": often exactly 1 year, and if not, just under 1 year. This must be ...
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Invention purchased including rights to intellectual properties

I purchased an invention along with the intellectual property rights. The original owner and inventor had no patent but had been manufacturing and selling the product for a few years prior to my ...
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Micro, Small, Provisional, Non-Provisional

We have designed a new soft technique (algorithm) and we want to file it. The USPTO website is very complicated for tracing the correct answers, and it needs professionals like you. We have some basic ...
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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 ...
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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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1 answer
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What is the duration to file international patents after filing in USPTO?

I'm also gonna file provisional patent this month. I already have a US Intent to Use Trademark. My Intent to Use application got approved in Feb 2017. How long do I have to file international patent ...
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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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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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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 ...
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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 ...
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Is there any limit in patent image height and width?

I'm about to file a provisional patent. Some of my patent flowcharts diagrams looks way bigger. Is there any limit in patent image height and width?
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Is a galley / kitchen layout for a small space patentable

A small space is like a camper, conversion van, or boat. Galley in this question is limited to sink, burner (hobb), and food preparation. Something like this: Cannot disclose the specific design ...
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How do I reference provisional patent B in provisional patent A?

I'm about to file two provisional patents. Patent A and Patent B are different patents. However a tiny section of Patent A depends on Patent B. How do I reference patent B in patent A?
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3 votes
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Using provisional patent application only for "patent pending" status

I know it is illegal to advertise an invention as "patent pending" unless a patent application has been filed. I also know that provisional patent applications are never actually examined (unless you ...
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2 answers
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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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Provisonal Patent Cover Sheet More Questions

Should I sign my name in the sheet or type it like /Firstname Lastname/ Is the date field filled by me? If that is the case, should I put the date where I am when posting the pdf and everything? There ...
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Provisonal Patent Cover Sheet Questions

I have noticed that the people creating the provisional patent would capitalize the title of the invention on their patent document. So, I have done that too. Should I capitalize the title in the ...
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Regarding selecting a font on the provisional patent

So, I decided to go with the Courier New font offered by Microsoft Word in writing my provisional patent. I am assuming that is the same Courier font suggested by the UPSTO? Anyway, I have written a ...
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