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   Evidentiary value of dead provisionals?
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   Author  Topic: Evidentiary value of dead provisionals?  (Read 1940 times)
ThePatentGuy
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Evidentiary value of dead provisionals?
« on: Oct 25th, 2006, 5:42am »
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Has anyone used a dead provisional as evidence of priority?
 
For instance: Inventor "A" files provisional patent application (PPA) in 2000 but does not file regular patent application (RPA) until 2002.  Patent issues on RPA in 2004 and infringement fight starts in 2005.  
 
Is A's 2000 PPA - now long dead - evidence of priority?  The only evidence A would have would be Express Mail mailing label, postcard receipt stamped by PTO, filing receipt, and his copy of the PPA, which collectively might be stronger than a notebook entry.  I dunno; I'm asking.
 
My understanding is that PTO does not retain the PPA more than 1 year, but do they have a public record of the PPA being filed?  Do they retain the PPA application number connected to the inventor's name?
 
 
 
 
 
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Isaac
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Re: Evidentiary value of dead provisionals?
« Reply #1 on: Oct 25th, 2006, 6:27am »
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on Oct 25th, 2006, 5:42am, ThePatentGuy wrote:
Has anyone used a dead provisional as evidence of priority?

 
The stale provisional might possibly be used to establish reduction to practice to establish an earlier invention date, but would be completely useless for establishing priority no matter what the PTO did with it.
 
Quote:
My understanding is that PTO does not retain the PPA more than 1 year, but do they have a public record of the PPA being filed?  Do they retain the PPA application number connected to the inventor's name?

 
I don't know if the PTO discards provisionals.   I haven't heard that they do.   But  certainly they don't trash them promptly at the one year point.
 
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Isaac
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Re: Evidentiary value of dead provisionals?
« Reply #2 on: Oct 25th, 2006, 7:26am »
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What if 2000 PPA has a patentable claim vs no claim?
 
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ThePatentGuy
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Re: Evidentiary value of dead provisionals?
« Reply #3 on: Oct 26th, 2006, 3:40pm »
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Well, yeah, Issac, it's a good point, and states more elegantly what I was trying to get at. Exactly what do they do with those PPAs after one year?  Is there anyway to access them for evidentiary purposes, whether to establish priority, or reduction to practice, or whatever.  
 
A more sinister issue might be as to whether all of that subject matter incorporated into "dead" PPAs remains foreverafter buried.  What prevents dishonest PTO staff (not that there are any)  from mining it, selling it, or developing it themselves? Are paper PPA's converted to electronic form?  The PPA database would be a gold mine for someone with access to it.  
 
 
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Isaac
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Re: Evidentiary value of dead provisionals?
« Reply #4 on: Oct 26th, 2006, 4:53pm »
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Are you yanking my chain?
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Isaac
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