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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 title will change after your non-provisional has been reviewed. The title -- name -- of the invention isn't the invention, it is a clear and concise description ...


3

Just to clarify this question about priority dates from a European patent application perspective. Each and every claim of a European patent application has one or more effective dates (yes, a single claim may have more than one effective date). In this case, say P1 is the filing date of the first provisional application, P2 the filing date of the second ...


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In the first sentence of the non-provisional you claim priority to both of the provisionals. During the prosecution of the application and any divisionals or continuations you will have specific claims that will, most probably, meet with rejections based on "prior art" cited by the examiner. The examiner initially views anything prior to your non-provisional ...


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- to retain the inventorship - This has two aspects. Your claim to be an inventor (moral right) and ownership right to an invention. From your discourse, it appears you are more and probably only interested in the first part. In simplest and briefest of terms, you are not recognized as an inventor for a particular patent application if it is not ...


2

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 should I avoid doing international business? Or, should I skip the US patent altogether, knowing our market is international? A prov is not a traditional ...


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The issue I have with your question is what you mean by "provisional patent application". Not many countries have the figure of "provisional" patent application (I can only think of the US and Portugal), but many countries have some kind of application or a regular patent application that is cheap and create a priority right, which I imagine is what you may ...


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If you are at the 30 month national stage deadline you are obviously past the 18 month point where it was published for all to see. The content is available for anyone to read. Unless they do not know the name of an inventor or of the applicant they must be fairly naive about patents to have not looked it up on their own.


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Sharing "PCT application as it stands" should be ok. As you have already filed your specification with WIPO you have priority from date of first filing with patent office of your country or from filing date with WIPO for all 'National Phase' countries. So, first filing is not an issue. Only thing, patent begets patents. If any idea strikes them to better ...


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Yes It would an entirely new application regardless that the content was the same. It will get no advantage (or disadvantage) from the first filing. If no one else did anything in the field that anticipates or makes obvious your invention, you are in the same place you were with the initial filing. If you desire international filings under the Paris ...


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And the direct answer to your question is yes, if you have some reason to file two provisionals. Lets say you file one and then decide you have another aspect of the system that you think is patentable. Feel free to copy whatever is relevant from the first one you filed. And, there is no such thing as a provisional patent, only a provisional patent ...


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Hi I called the inventor's assistance center regarding my question above, and they suggested that I file one provisional and then when filing the non-provisional do two separate claims.


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Yes, software as such is not patentable in India according to the section 3(k) which states a mathematical or business method or a computer programme per se or algorithms; cannot be patented. There are instances where patents has been granted in India after Delhi high court had adjudicated in TELEFONAKTIEBOLAGET LM ERICSSON Vs. INTEX TECHNOLOGIES (INDIA) ...


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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 PCT application. You might want to do something to keep the 80 that are not in the U.S. application from being considered "new matter" if you ever wanted to ...


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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 provisional applications? Will the US non-provisional be filed before the PCT application (i.e. will it have an earlier filing date)? If the answer to the first is NO, ...


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You do not need to refile but you should probably file the ADS that you indicated was originally included. There should not be any fee for this.


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For credentials, I am a patent lawyer and am trained as a patent attorney. But this is not legal advice. I would not do it due to strategy. In Australia at least, each claim has its own priority date. If you have added new claims in the complete application then they will have a different priority date than those based on the provisional patent application....


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