3 votes
Accepted

When would an entity decide to convert a provisional application to a non-provisional application

The answer was subtle but I found it at smart up legal. The main reason an entity would elect to convert a provisional application to a non-provisional application is in the case where a public ...
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  • 250
3 votes

Features not disclosed in provisional application priority date

You are correct. From MPEP 211.05 A: for a claim in a later filed nonprovisional application to be entitled to the benefit of the filing date of the provisional application, the written description ...
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  • 524
2 votes

template for provisional patent - I am filing for a mobile App

What @EricShain is indicating is that, while provisionals are much more forgiving, filing a non-provisional without engaging an attorney is never recommended. You want to stay away from "mills" such ...
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  • 751
2 votes

What is the process for filing a continuation-in-part?

The MPEP contains the rules governing a continuation-in-part. Refer to Section 201.08 Continuation-in-Part Application [R-11.2013]. What differentiates a Continuation from a Continuation-in-Part is ...
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  • 1,735
2 votes

changing patent name on non provisional patent [that is claiming date from provisional application]

So long as the new title meets the requirements for patent titles, there should be no problem. Keep in mind that suggested changes to the title may be made to you, so it is already possible that the ...
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2 votes
Accepted

After NFOA, can you amend your independent claim by subject matter in your description although not claimed first without substantial repercussions?

This is a US/USPTO answer. It is not clear what the situation might be. I have seen a case where original independent claims were all canceled and new independent claims submitted and the examiner ...
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  • 25.3k
1 vote
Accepted

How long after filing a non-provisional patent application will your invention be published?

To the question in the title - 18 months from the filing of the earliest claimed priority filing . . . Continuing to the question in the body . . . unless you file a non-publication request. In that ...
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  • 25.3k
1 vote

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

Note - If you are not in the U.S. you need to file the PCT application either with the IB in Geneva or with your local patent office, not with the USPTO. Specifically regarding the 100 claims in the ...
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1 vote
Accepted

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

Whether you have to claim priority in the PCT application from the US non-provisional depends on two factors: Does the US non-provisional disclose subject-matter not contained in the two US ...
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1 vote
Accepted

Provisional vs Non-provisional patent dates

I do not know the mechanics that might take place but the patent would not be enforceable in practice if it is clear that an earlier filed application makes it not novel. Your question has an ...
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  • 25.3k
1 vote
Accepted

How long until the next office action (after a response has been submitted)?

They do not have a hard limit by statute (like you do) but you can (possibly) get time added to the end of your patent term if they exceed 4 months. Under 35 U.S.C. 154 b 1 A they need to - (ii) ...
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  • 25.3k
1 vote
Accepted

Who is the patent practitioner?

A patent practitioner is someone who is registered with the USPTO as allowed to practice before the office on behalf of others. Unless you have passed the patent bar exam, etc. you are not a patent ...
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  • 25.3k
1 vote
Accepted

Can a CIP claim priority to a provisional application filed after the parent non-provisional?

Yes I suggest - "This application is a continuation-in-part of co-pending application ZZ/YYYYY filed on ZZ/Z/ZZZZ and claims the benefit of provisional application XX/YYYYY filed on XX/X/XXXX."
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  • 25.3k
1 vote

What are the decision points associated with filing a USPTO NPA?

EFS-Web is not very user friendly. You probably already looked at the USPTO's guide to EFS-Web. I don't think the EBC Help Desk people - who are very patient and helpful, will be much help with actual ...
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  • 25.3k
1 vote

Common Pitfalls of filing NPA submission at USPTO

Some last minute things you might check are that - you are filing a specification, claims and drawings. The first sentence of the application needs to correctly claim priority to previous ...
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  • 25.3k
1 vote

How to fix errors in patent application submission

Since this Q&A site is basically meant for matter related to USPTO, unless specifically mentioned about other jurisdiction, it is safely assumed that question put here is related to USPTO. With ...
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  • 1,062
1 vote

Google Docs as Collaboration Platform

Just be careful how you share the document. For example, avoid sharing by link, as the URL can get stored in the history of a shared browser, and invite the people one by one. Also you may "harden" ...
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  • 115
1 vote

How much specific details I need to provide in utility non provisional patent application?

You need to include enough details to comply with the various requirements for a patent application. For example, in the US, you must provide a written description which enables any person skilled in ...
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  • 6,103
1 vote

Micro, Small, Provisional, Non-Provisional

As @EricShain has advised, an algorithm would be a utility patent. However, if you are attempting to draft a non-provisional application for an algorithm without expert knowledge of Alice, Enfish, ...
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  • 751
1 vote

can EP application takes priority from provisional patent?

The legal basis for claiming priority in the EP is Article 87. Paragraph 1 reads "Any person who has duly filed, in or for (a) any State party to the Paris Convention for the Protection of ...
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1 vote

What happens when a non-provisional patent infringes a provisional patent?

Because there are no claims in provisional patent applications, the scenario described could not occur. Also, the non-provisional application filed by the company in March would not have been made ...
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