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 ...
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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
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#...
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4
votes
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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
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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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 ...
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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 ...
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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
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. ...
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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 ...
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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 ...
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3
votes
Accepted
Most countries require that patent applications be filed before public disclosure of an invention: does it include US provisional patent applications?
Absolutely - that is the main reason provisional applications were created. When the US signed the treaty that changed term from 17 years after grant to 20 years after filing the US saw that a person ...
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2
votes
Accepted
Am I reading this right? -- the cost for a provisional patent application
The fees you are quoting in the question are for a NON-PROVISIONAL patent application. As people discussed, the micro entity fees for a provisional would be $65.00.
However, provisional patent ...
- 425
2
votes
Am I reading this right? -- the cost for a provisional patent application
There's no such thing as a provisional PATENT, only a provisional patent application. It is never examined so the search/etc. fees aren't calculated and I don't think you even need to have claims, ...
- 31
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
...
- 121
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
Writing my provisional patent application for my app, I have a question
At first blush, US 9083821 that you referred to seems to be a very good example of a software patent. I will therefore discuss a little about the patent and how it relates to the invention–...
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2
votes
Accepted
When is the right time to apply for my provisional patent
You should absolutely file a patent application before releasing your product.
If you release your product first, then the product becomes prior art. This will prevent you receiving a patent (but for ...
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2
votes
Accepted
File Provisional Application without some implementation details
It's a tough question to answer because it can depend on the particular facts of your invention. The application must describe the invention with enough detail that a software developer with an ...
- 237
2
votes
Accepted
is a provisional utility patent the way I need to go?
Is a provisional utility patent the way I need to go?
Possibly, but not for the reasons you suggest.
A good provisional does not take less time than a non-provisional, as the drafting process is ...
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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 ...
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2
votes
Accepted
Should I abandon my provisional and start over?
Do I do a rush job in the next couple weeks on my regular app, keeping my provisional as priority, and hope to amend with professional help later?
It is especially common for the ideas in a ...
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2
votes
Is a galley / kitchen layout for a small space patentable
There is no way to tell you definitively if your specific design is patentable. That said, there is nothing about the field that precludes patentability. To get a utility patent, there are three main ...
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