Questions tagged [provisional-application]
Question related to Provisional specification filing and rules thereof
206
questions
0
votes
1
answer
99
views
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 ...
1
vote
2
answers
519
views
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). ...
3
votes
1
answer
137
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, ...
3
votes
1
answer
113
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 ...
1
vote
1
answer
155
views
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 ...
6
votes
3
answers
300
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.
...
3
votes
1
answer
76
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 ...
2
votes
1
answer
443
views
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 ...
3
votes
2
answers
421
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 ...
4
votes
1
answer
250
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 ...
1
vote
1
answer
1k
views
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 ...
3
votes
1
answer
498
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 ...
3
votes
2
answers
605
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 ...
2
votes
2
answers
149
views
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 ...
1
vote
1
answer
1k
views
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?
1
vote
2
answers
299
views
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 ...
0
votes
1
answer
1k
views
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:...
1
vote
1
answer
2k
views
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 ...
7
votes
2
answers
365
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 ...
0
votes
1
answer
947
views
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 ...
1
vote
2
answers
766
views
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 ...
0
votes
1
answer
1k
views
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 ...
2
votes
1
answer
184
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 ...
0
votes
1
answer
172
views
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 ...
1
vote
1
answer
208
views
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 ...
0
votes
2
answers
251
views
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 ...
1
vote
1
answer
38
views
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?
2
votes
1
answer
222
views
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 ...
2
votes
0
answers
74
views
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 ...
0
votes
2
answers
529
views
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 ...
0
votes
1
answer
444
views
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 ...
2
votes
2
answers
4k
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?
0
votes
1
answer
81
views
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?
1
vote
1
answer
103
views
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 ...
2
votes
1
answer
102
views
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 ...
1
vote
1
answer
33
views
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?
0
votes
3
answers
2k
views
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?
3
votes
1
answer
172
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 ...
0
votes
1
answer
2k
views
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 ...
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 ...
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 ...
4
votes
2
answers
670
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 ...
8
votes
3
answers
805
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 ...
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 ...
1
vote
1
answer
812
views
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 ...
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. ...
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 ...