3

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 do not write the claims, chances are you will not actually set out the invention, but only one or a few specific implementations. This can get tricky. A ...


3

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 ...


2

For applications filed electronically, filing acknowledgement and fee receipt is generated immediately. Option for print out is given immediately. If you have missed it than you can get the same from from EFS-Web PAIR. As about the receipt being sent by USPS mail, US residents may be getting it, but overseas inventors don't (at least for an pro se inventor ...


2

Let me preface this by saying I am not a lawyer. Looking at this link to the requirements for small and micro-entity status shows two ways to qualify for micro-entity status. Micro entity: There are two ways to qualify as a micro-entity. The first way is under paragraph (a) of the new rule, requiring the following conditions that must be ...


2

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 ...


2

Not in general. Under the law in effect on those dates, the U.S. (as is the rest of the world) under a first-to-file system. If you published your invention prior to the priority date of the issued patent you could attack the validity of the patent as not novel or obvious in light of your work. Importantly, if you made and sold the item before the priority ...


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 ...


2

- 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 ...


1

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) ...


1

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 ...


1

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, ...


1

Is this a requirement in the provisional application and what are they looking for? No, it isn't a requirement for a provisional application, since that merely requires that inventor disclose the specification of the invention with all key elements. However, any specification you disclose should also consider how you will gather evidence to prove an ...


1

Yes, most are publicaly available from the USPTO and google patents. I believe google has a way of bulk access. Unless non-publication is selected by the applicant, they are published at 18 months after the earliest claimed priority document. Most other countries do not allow non-publication. The 18 month publication date is uniform internationally.


1

Not during chapter 2, but there appears to be something of an oops clause in article 20 (see 20.6 (b)), shortly after filing. Though rule 20.8 taketh away... The EPO seems to have a similar oops clause.


1

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....


Only top voted, non community-wiki answers of a minimum length are eligible