8
votes
Accepted
How important are claims in provisional patents
There is no requirement for claims
Provisional applications are not examined, and therefore have no formality requirements. As long as they are validly filed, it doesn't matter precisely what format ...
- 6,103
6
votes
Accepted
Repatenting someone else's dropped provisionals
The answer to this turns on 35 USC § 102(a), which reads:
A person shall be entitled to a patent unless—
(1) the claimed invention was patented, described in a printed publication, or in public use, ...
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4
votes
Get the same patent in multiple countries
This is why the Patent Cooperation Treaty (PCT) exists. A patent application filed as PCT may be filed in other member states.
There is a good overview of PCT filing here, and more authoritative ...
- 1,735
4
votes
Repatenting someone else's dropped provisionals
Why does it puzzle you? If it is not available to the public, it is not prior art.
I think relevant US provision is here (MPEP 901.02)
https://www.uspto.gov/web/offices/pac/mpep/s901.html#...
- 1,256
4
votes
Accepted
Two aspects of the same invention and one aspect is not unique
So here we have a tidy distinction between description and claims.
Description
You must provide a description sufficiently detailed that the skilled person, reading your description, would understand ...
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4
votes
Accepted
How many drawings can a patent have?
The USPTO imposes an additional fee beyond the provisional filing fee for each 50 sheets beyond 100 sheets (pages) for a provisional patent application. That fee ranges from $100 for a micro entity, $...
4
votes
Accepted
Multiple inventions in US provisional patent, inventors in split application?
Once any non-provisional application that claims priority from a provisional is published or granted, that provisional is open for public inspection. So yes to question 1.
The provisional itself is ...
- 25.4k
3
votes
Accepted
Is it possible to obtain a patent on a technology I am already selling?
As far as I know, this scenario is not well-settled law in the U.S.
Prior to the changes to patent law introduced by AIA, any patent would almost certainly have been invalid if secret commercial use ...
- 1,011
3
votes
PCT Application
The PCT Applicant's Guide (National Phase) is the resource you are looking for. It contains a detailed guide on the WIPO Rules and Articles from the Applicant's perspective, and covers the time limits ...
- 312
3
votes
Can a same provisional application be filed in two different countries?
A provisional application is filed to secure an early priority date for your invention. Once you have filed a provisional application you may go ahead and file a complete application within 12 months ...
- 646
3
votes
Provisional application drawings vs non provisional patent drawings
Ideally, while drafting a provisional application one should ensure that the subject matter to be claimed by a complete application is “enabled” in the provisional application. Otherwise, a claim in ...
- 756
3
votes
Can a provisional patent application be filed within the 1 year grace period for after public disclosure?
To obtain a patent for an invention, it should pass through various toll gates such as a)Novelty b)Obviousness c)Enablement d)subject matter and e)Industrial application.
In order to overcome ...
- 186
3
votes
How important are claims in provisional patents
I think, very. As noted in the other answer, there is (probably) no legal requirement for claims. However, the whole purpose of the provisional filing is to give you a date for the invention. If you ...
- 309
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 ...
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3
votes
Accepted
Why do patent description contains serial numbers like [0001], [0002] etc?
These are paragraph numbers. They are considered good practice to include since they aid referencing portions of the description, but are not mandatory.
They are described in a extremely detailed ...
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3
votes
Accepted
Does a provisional patent have to be filed through USPTO?
I am wondering if there is any legal backing for a idea that was written in a document and stored on a local file system
No, especially now that the US is in a first-inventor-to-file regime. ...
- 25.4k
3
votes
Are Provisional Applications ever denied filing dates?
I know an inventor who didn't get a filing date because the entire body of the short amount of text in the application was labeled something like "Summary" or "Overview". Another did get a filing ...
- 25.4k
3
votes
Accepted
Separate or single provisional patent application/s for an algorithm and presentation
As @EricS mentioned, the word algorithm will trigger the word "abstract" which is hard to get around once it is invoked.
It doesn't really matter if it is one or two provisional applications ...
- 25.4k
2
votes
If I file a provisional patent application, could someone else file a PCT application for the same invention during the first 12 months?
My question is: if I file a provisional patent application in the USA, what's stopping someone from scooping it up and going international before I'm able to file a PCT? If so, in the first 12 months ...
- 76
2
votes
Is there a way to get international protection on a provisional patent?
I think this is what you are after:
Can a U.S. provisional patent application be used for foreign priority purposes?
Yes. A U.S. provisional patent application is recognized internationally in all ...
2
votes
Accepted
Provisional patent registration in US for SA resident
The process for filing a provisional patent application is described on the USPTO website; it is basically just a complete and precise write up of the invention without any claims. The final patent ...
- 688
2
votes
Similar Patents, Sweeping Claims
Sweeping claims don't automatically preclude improvements.
For example consider a patent claiming a combination of round disks with central holes, and long circular rods. and a second sweeping claim ...
- 189
2
votes
Accepted
Naming New Inventors when Converting a Provisional Patent to a Full Patent
When you say "...and then convert it to a full patent in 1 year..." I assume you mean you would like to file a non-provisional application and claim the benefit of (domestic) priority under 35 U.S.C. ...
- 123
2
votes
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.
What is the status of this application?. if this application was filed ...
- 2,075
2
votes
Accepted
Public Disclosure After Provisional Filing
My impression of the PPA is that you can try to commercialize what's in it without inhibiting your chances of filing for a non-provisional one before your 12 months are up. I am not entirely sure, but ...
- 136
2
votes
Accepted
Will claiming priority from provisional patent reveal it?
Will claiming priority from a provisional reveal it to public?
Yes. A provisional application is never itself published (37 CFR 1.211(b)). However, a provisional application becomes part of the file ...
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2
votes
How do I collaborate with a company who may have a provisional on my idea?
I think that the best procedure would be the following one :
1) Fill a provisory patent with your idea and much as detail as possible
2) Offer the company to set a bilateral NDA between you and them
...
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