Questions tagged [provisional-application]

Question related to Provisional specification filing and rules thereof

Filter by
Sorted by
Tagged with
1
vote
1answer
227 views

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 ...
1
vote
1answer
632 views

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 ...
1
vote
4answers
197 views

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 ...
1
vote
2answers
33 views

Can you amend a non-provisional patent application to bring in information from referenced provisional patent applications?

As the title states. Can you amend a non-provisional patent application to bring in information from referenced provisional patent applications? For example: I have a figure in the provisional that ...
1
vote
1answer
46 views

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 ...
1
vote
1answer
63 views

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?
1
vote
1answer
104 views

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 ...
1
vote
1answer
150 views

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 ...
1
vote
1answer
229 views

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 ...
1
vote
1answer
61 views

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....
1
vote
1answer
2k views

Provisional patents formal font size and style

I wonder if anyone can direct me to an article on which font to use for headers and text in a patent. I have searched some articles without luck. I want my provisional patent to be as formal as the ...
1
vote
1answer
600 views

Should I abandon my provisional and start over?

Situation: Filed my provisional 11 months ago. Rewriting to file as regular US and PCT applications. Pro se currently, may have pro bono help in a couple of months, for filing further claims in ...
1
vote
1answer
946 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 ...
1
vote
1answer
982 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
1answer
182 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 ...
1
vote
1answer
36 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?
1
vote
1answer
17 views

How much can you change a PPA when converting into a Non-Provisional such that you will be able to keep the PPA date? [duplicate]

Concerned with PPA “converting” to Non-Provisional I am in the process of drafting up a software Provisional Patent Application. I have an issue in that there are parts of the system that require ...
1
vote
1answer
42 views

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 ...
1
vote
1answer
95 views

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 ...
1
vote
1answer
149 views

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 ...
1
vote
1answer
171 views

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 ...
1
vote
1answer
216 views

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 ...
1
vote
1answer
987 views

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?
1
vote
1answer
88 views

The provisional patent and future idea for my mobile app

Ok, so I was examining plenty of patents on Google Patents to determine how I am going to write mine. From reading and watching Youtube provisional patents tutorials, they all say the same thing. Add ...
1
vote
2answers
173 views

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 ...
1
vote
2answers
293 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 ...
1
vote
1answer
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 ...
1
vote
1answer
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?
1
vote
1answer
798 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 ...
1
vote
1answer
117 views

Confidentiality of revised diagrams in a provisional application

If I file a revision to a provisional patent (some diagrams are not detailed enough), would the original diagrams be automatically destroyed / kept secret, or will they still show?
1
vote
1answer
91 views

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 ...
1
vote
0answers
108 views

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 ...
1
vote
0answers
29 views

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 ...
1
vote
1answer
122 views

I would like to use this mirror for motorcycle use with different mounting as sold

In reference to the patent: USD247292 I would like to use the mirror with an "L" bracket (manufactured) installed in place of the bar end mount for off-road motorcycle use. "L" bracket would be ...
0
votes
3answers
38 views

Separate or single provisional patent application/s for an algorithm and presentation

I am working on drafting a provisional patent application (PPA) for an algorithm (which is novel, non-obvious and useful) and the presentation of the result of running of the algorithm on some data. ...
0
votes
1answer
1k views

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 ...
0
votes
3answers
1k 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?
0
votes
1answer
49 views

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 ...
0
votes
1answer
145 views

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 ...
0
votes
1answer
924 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 ...
0
votes
2answers
500 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
2answers
33 views

Is it safe to share our published PCT Application with an Investor before entering the National Phase?

Following our PCT application process, as we enter the National Phase next month, we have been approached by a large potential investor. In reviewing potential investment, the investor has asked to ...
0
votes
2answers
31 views

If I am submitting two different provisionals for two different claims on the same invention can some sections be the same or similar?

Hi if I am submitting two provisional patent applications for two different claims but for the same invention can sections such as background, summary, drawings, detailed description, terminology, and ...
0
votes
2answers
159 views

What is the proper way to file both USPTO and PCT application?

I have two USPTO Provisional Applications. I'm about to file a USPTO non-provisional by claiming priority to those two Provisionals. I'm also planning to file a PCT application. The specification, ...
0
votes
1answer
54 views

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 ...
0
votes
2answers
884 views

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 ...
0
votes
1answer
53 views

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 ...
0
votes
1answer
47 views

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?
0
votes
1answer
56 views

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 ...
0
votes
1answer
1k views

Cheapest way to extend the time of provisional patent application

I am a Australian sole inventor who has filed a US provisional patent application with another attorney last year in June. I'm coming close to the time where my 12 month period is going to expire (...