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4 votes

What happens to the priority dates if a provisional application has more than one invention?

Can you get two priority dates for the price of one provisional application? Yes. This is clear from 35 USC § 121 which provides (emphasis added): If two or more independent and distinct ...
Maca's user avatar
  • 6,178
3 votes
Accepted

When exactly do you lose the provisionals priority?

The rule on this is quite tidily stated at MPEP § 211.05(I)(A) (which I hope will suffice as a legal reference of some nature): [F]or a claim in a later filed nonprovisional application to be ...
Maca's user avatar
  • 6,178
2 votes
Accepted

Is it possible to file for patents in Australia within 1 year of US patent publication?

I think you are mistaken about basic premise of patent application prosecution timeline. Australia, like any other PCT member countries or Paris Convention member countries, adheres to one year time ...
AD Adhikary's user avatar
  • 1,072
1 vote

Invalidate a Patent

Prior art only needs to be dated one day before the priority date, so things dated in the previous month clearly qualify by date. If the potential prior art is a patent application or patent that was ...
George White's user avatar
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1 vote

Claims/Priority Dates

One patent can have both method and product claims. Method claims can be how to use it, how to make it and also a method a product executes when activated. However, a priority filing that doesn’t ...
George White's user avatar
  • 29.1k
1 vote

Double Priorty Claim

Under article 4 of the Paris Convention you can only get priority (for a given subject matter) from the first filed application that discloses that subject matter. Therefore you not only can’t get any ...
George White's user avatar
  • 29.1k
1 vote

Does filing a duplicate provisional within the 12 months of filing the original negate my original filing date?

The second provisional filing does not affect the validity of the first one at all. You could freely claim priority to just the first one if you wanted. In addition, in the US, you could validly file ...
Maca's user avatar
  • 6,178
1 vote

What does it mean to 'recapture' information from a PCT application?

I am not a US expert so I hope someone else will pop-in as well to add more info. But in a nutshell, there is a linkage between the date you disclose something and the disclosure itself and it is ...
chempatent1981's user avatar

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