Questions tagged [provisional-application]

Question related to Provisional specification filing and rules thereof

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Can the claims of an NPA from multiple PPAs retain the priority of their respective PPA filing dates?

If I wanted to file an NPA which included content from 2 different PPA's filed on different days ... then will the entire patent only be able to claim the priority of the most recent PPA? Or will ...
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What if the PPA was filed with the wrong classification? Still valid?

As you know PPA's are not examined, so of course, neither are they ever rejected if they are filed in the wrong classification (say it should have gone in "Lasers", and somehow "households" was used). ...
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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, ...
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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 ...
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Features not disclosed in provisional application priority date

Am I correct that: Should you claim priority from a provisional application and you disclose features in the subsequent non-provisional application (which claims priority from the provisional ...
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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. ...
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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 ...
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File provisional patent application in India before getting published in a Journal

I want to patent an algorithm in India. I have done enough prior art and I am sure that no such algorithm exists till date. The problem is I have also written a research paper for the same and ...
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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 ...
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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 ...
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Public Disclosure After Provisional Filing

Upon filing a provisional patent application, can the invention become publicly known and sold (such as through public sale), and still retain all patent rights to information disclosed in the ...
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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 ...
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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 ...
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provisional patent question

My invention is a file folder box and I am inventing the box and the file folders that go into the box. Each could be sold separately, and each can be used by itself without the other and still be ...
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Naming New Inventors when Converting a Provisional Patent to a Full Patent

If I file a provisional patent application in the US and then convert it to a full patent in 1 year, can I name additional inventors on that full patent application?
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Which countries require a claim for using a PPA as priority date?

The book Patent It Yourself states: I recommend that your PPA contain at least one claim (to) prevent any challenge to your PPA by foreign patent offices for failure to claim the invention as of ...
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Provisional patent in US for non-US citizen

Can a non-US citizen file a provisional patent in US? Does he need to hire an attorney or can he do it himself? What does he need to do to convert the provisional patent into a final patent? (meaning:...
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Provisional Patent in Europe

I want to see if an idea can work in the European market, but I want to protect it. Can I fill a provisional patent application in Europe, and then if the idea does not work just disregard the patent ...
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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 ...
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Can a same provisional application be filed in two different countries?

My colleagues in China and I (in a US University) has filed provisional application (both names are in the applcation) to the US Patent Office. Can my colleauges in China file the a patent ...
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Provisional application drawings vs non provisional patent drawings

Can the drawings in a provisional application be less detailed than the drawings that will be submitted in a corresponding non-provisional patent as long as there are no material differences between ...
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Is there any requirement on font size and format of provisional patent application?

AFAIK, at USPTO, there are requirements on font size and format for non provisional application. Is there any requirement applying to provisional application? Because I want to combine many unrelated ...
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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 ...
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Provisional application problems

A provisional application is filed to USPTO and something turns out to be wrong and therefore has to be modified when the following non-provisional application is filed. In this case one problem is ...
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Provisional Patent Application validity questions

I am considering filing a Provisional Patent Application (PPA) on my own. If PPAs are never examined, is it correct to assume that I get a "patent pending" on whatever (since it is not ...
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How much effort should be put into preparing a provisional patent application?

This is perhaps a highly ambiguous question, so let's use an example. say I have stumbled upon this new billion dollar idea which is stackexchange (assume it is exactly what it is now just that it ...
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Provisional patent registration in US for SA resident

I am a resident in Cape Town , SA, what steps would I need to take to register a provisional patent in the US?
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Can PCT application based on US provisional patent without claim?

AFAIK, US provisional patent is valid for later use even without any claim, but I heard that some countries require patent having claims. So does PCT application accepts US provisional patent without ...
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Licensing Strategies and Negotiaitons

Q: What is your seasoned opinion on how to best proceed to negotiate a profitable and fair licensing deal under the following circumstances. I most appreciate opinions from those who have actually ...
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If I file a provisional patent application, could someone else file a PCT application for the same invention during the first 12 months?

I'm working in a startup with a limited amount of investment. We'd like to file for a US provisional patent. My understanding is that after 12 months, I can upgrade to a PCT application. For this ...
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Do I renumber the paragraphs in my PPA spec when I add a Cross-Reference section for the regular PA?

Silly question: I submitted a PPA with my paragraphs numbered in the style [0001], [0002], etc. Now, I'm submitting a regular patent application claiming the benefit of the PPA. This means I'm ...
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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?
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What kind of provisional patent should I get if I want to sell internationally?

I have a product i'm looking to get out into the market soon and i'm unsure of what kind of provisional to get. I want to sell the product internationally. Anyone know how to go about this?
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Provisional, publication and continuation

Suppose one files a provisional that describes methods A and B, then publishes a paper describing methods A and B, then files a non-provisional that claims the benefit of the provisional and describes ...
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Avoiding "New matter" when leveraging PPA in nonprovisional app

When does editing the disclosure and/or claims for use in nonprovisional app, said disclosure and claims first disclosed in a provisional patent, constitute the addition of "New matter?" Said in ...
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Final Patent Filing Procedure

What are the key elements needed to prove Concept after getting a provisional patent filing accepted in order to complete a final filing documents?
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Can a provisional patent application be filed within the 1 year grace period for after public disclosure?

Can a provisional patent application be filed within the 1 year grace period for after public disclosure, or does it need to be a non-provisional application?
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3 votes
1 answer
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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 ...
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Multiple patents from a single provisional patent application?

I am filing a provisional application for a device that that can be use to improve the operation and performance of a very common item. The device can be designed to be integrated into the design of ...
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2 votes
3 answers
384 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 ...
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2 votes
2 answers
609 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 ...
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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 ...
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8 votes
3 answers
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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 ...
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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 ...
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At what time is a patent enforceable?

I am faced at the moment with a potential US patent that might be enforceable in the future. It is currently undergoing a review process and the outcome is yet undetermined. I would like to know ...
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1 answer
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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. ...
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2 votes
2 answers
368 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 ...
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