Questions tagged [provisional-application]
Question related to Provisional specification filing and rules thereof
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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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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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2
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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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