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Questions tagged [provisional-application]

Question related to Provisional specification filing and rules thereof

1 vote
1 answer
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Understanding PCT timeline with regard to provisional filing

I'm trying to understand how PCT and provisional applications timeline works. I have a provisional application which has 1 year time period to make a formal non-provisional application where I can ...
rakib_'s user avatar
  • 135
1 vote
1 answer
25 views

What are the implications if a provisional patent expires before a matching utility patent is filed?

Imagine an inventor files a provisional USA patent, but is tardy on the deadline for filing a utility patent. Other than the loss of priority date, what rights are lost, and what risks are created for ...
Scott Brown's user avatar
2 votes
1 answer
44 views

Clicked "Payment by credit card..." on SB16; paid on the website; PTO-2038

I submitted and paid the fees for a Provisional Patent Application. The application consisted of the following document: (web) ADS, PTO/SB/16, PTO/SB/15A, the specification, drawings, an abstract, and ...
étale-cohomology's user avatar
2 votes
1 answer
28 views

When converting from a provisional directly to an international patent (PCT), are new claims and new matter allowed to be added to a PCT?

I've seen that new claims can be added to the non-provisional from the provisional US patent. The new claims get a new priority date of the non-pro submission. If a non-pro does not require claims for ...
LittleWolf01's user avatar
0 votes
1 answer
40 views

Claim that is supported by the spec of the provisional but not the non-provisional

A non-provisional application claims a provisional application. questions: Does the spec of the non-provisional application have to include everything in provisional? If not, can a claim in the non-...
Bear Bile Farming is Torture's user avatar
0 votes
1 answer
42 views

Expired Patents - Can I file?

I want to file for a PPA but a patent of the same idea has already been granted a patent but has expired due to nonpayment of maintenance fees in 2017. Can I still file my PPA and potentially be ...
Matthew Nathan's user avatar
0 votes
1 answer
12 views

putting implementation details in a separate provisional just in case needed

Strategy: File Provisional A with just enough details to enable invention. File Provisional B, within 12 months, with much more implementation details that guarantee enablement of invention. File non-...
Bear Bile Farming is Torture's user avatar
1 vote
1 answer
113 views

After filing a provisional application, is the USPTO supposed to send you something either mail or email?

I've filed a provisional with the USPTO. Afterwards, the application number and other info appeared on the screen and I was able to search and find the application with the application number using ...
Bear Bile Farming is Torture's user avatar
0 votes
1 answer
29 views

Order of the components of the Specifications

Parts of an Application: Title Abstract Drawings Background of the Invention Summary of the Disclosure Brief Description of the Drawings Detailed Description of the Invention Claims I got this ...
Bear Bile Farming is Torture's user avatar
0 votes
1 answer
18 views

consequences of claims or lack thereof on foreign countries

I've heard that in some foreign countries, if you file based on a provisional application that do not have claims, then those countries will restrict you to only the embodiments of the specifications. ...
Bear Bile Farming is Torture's user avatar
1 vote
1 answer
33 views

what are all documents needed to submit a provisional application?

The written disclosure (PDF) The drawings (PDF) The cover sheet (PDF) I've just submitted the Customer Number request form and the Patent Electronic System Verification Form. Am I missing something?
Bear Bile Farming is Torture's user avatar
2 votes
1 answer
117 views

If a non-provisional application claims multiple provisional applications, will there be multiple priority dates?

For example: Provisional A is filed on January 1, 2024 (with content X). Provisional B is filed on June 1, 2024 (adding content Y). When you file the non-provisional application that claims both ...
Bear Bile Farming is Torture's user avatar
1 vote
1 answer
21 views

what happens to provisional applications that are never converted to the non-provisional

After the 12 months, what will happen to the provisional application that is sitting on the USPTO's database if it is not converted to the non-provisional? Will it be erased and deleted from their ...
Bear Bile Farming is Torture's user avatar
0 votes
2 answers
132 views

strategy to file multiple provisional applications for the same patent

I've got two related patents that I need to apply for. One is being drafted right now by an attorney, and it's taking much longer than initially estimated. I've also learned a lot about patents from ...
Bear Bile Farming is Torture's user avatar
0 votes
1 answer
25 views

what is the average number of revisions when drafting a patent application with a lawyer?

If one is working with a lawyer specifically to draft a software method patent provisional application, what is the expected number revisions, or back and forth, or drafts between the lawyer and the ...
Bear Bile Farming is Torture's user avatar

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