Questions tagged [provisional-application]
Question related to Provisional specification filing and rules thereof
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Additional Design Patent as backup for a Provisional Patent (strategy)
I am considering filing both a provisional patent application and a design patent application. The design patent application would be a backup if the reviewer would abandon the provisional, so that at ...
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What happens when a non-provisional patent infringes a provisional patent?
Lets say John files a provisional patent at January 2016 with claim A. Some company B decides to file a non provisional patent with the exact same claim A at March 2016, because John's provisional is ...
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Where to describe the problem in my application
I am preparing a provisional application for a project I have been working on. In the link below, from IP Australia, they say that the problem and solution should be described as part of the Summary, ...
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Can provisional applications be sold/assigned?
Can provisional applications be sold/assigned?
I don't just mean in theory, but is buying provisional applications something that companies do?
I'm not asking about "suing the Goliath", but rather ...
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Infringement Issues
How does a company become competition for a company who has an existing patent on the product that we wish to sell?
We are creating a foam roller company where our initial patent search did not ...
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What are all the things you need for a provisional patent application?
I am new to the patenting world, and I am a little confused about how to go about drafting a provisional patent application. How in depth do I need to be about my idea? Do I need supplemental drawings,...
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Am I reading this right? -- the cost for a provisional patent application
Legal-speak is convoluted with words that have no conventional meaning and long-winded detail. I am unsure how much my provisional patent application will cost me.
Click here and ead the table at ...
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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 ...
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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 ...
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Provisional Patent Filed Right Before Mine
I have been slowly developing a product for the last couple of years but my major hold up has been the legal side of things since I do not have the start-up funds. I decided to write the provisional ...
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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 ...
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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 ...
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Can I file in france if I file a Provisional in the US and then publicly disclose prior to filing in France?
I understand France is an absolute novelty country that would prohibit a patent being issued if it were disclosed publicly prior to the filing date in France. Filing a Provisional Patent Application ...
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How do you you find a patent lawyer by looking at patents?
I am looking for a patent lawyer who understands certain subject matter. in reviewing existing patents i can see the subject mater that is related. How can i find out who the lawyer was?
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Filing dates utility provisional application versus follow up design patent application
I filed a utility provisional patent application less than 1 year ago. If within 1 year of the utility prov appl filing date I also file design patent application(s) for the same idea, will the ...
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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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