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Topic: A preliminary provisional filing? (Read 6734 times) |
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TataBoxInhibitor
Full Member
Posts: 456
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Re: A preliminary provisional filing?
« Reply #10 on: Jun 23rd, 2007, 9:14am » |
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I may be going off on a tangent here, but there has been talk of the provisional application as not being an adequate document in which to claim priority from a later filed PCT application. Has anyone experienced this situation?
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Bill Richards
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Posts: 758
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Re: A preliminary provisional filing?
« Reply #11 on: Jun 24th, 2007, 10:25am » |
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When I was in-house, we did it all the time. At the end of the PPA year, we filed US and PCT and claimed priority.
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William B. Richards, P.E.
The Richards Law Firm
Patents, Trademarks, and Copyrights
614/939-1488
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JimIvey
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Posts: 2584
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Re: A preliminary provisional filing?
« Reply #12 on: Jun 25th, 2007, 3:21pm » |
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on Jun 23rd, 2007, 9:14am, TataBoxInhibitor wrote:| I may be going off on a tangent here, but there has been talk of the provisional application as not being an adequate document in which to claim priority from a later filed PCT application. Has anyone experienced this situation? |
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If you mean that the adequacy of the provisional application is insufficient to provide a meaningful priority date, I'm sure it happens all the time, but I have yet to see that adjudicated and I haven't experienced it.
If you mean that countries other than the US won't recognize a provision application as a "prior application" under the Paris Convention and therefore disqualified as a priority document, my understanding is that such was the case originally. The fix was that the USPTO now allows one to convert a provisional application to a real application. Accordingly, a provisional application now has some slim chance of becoming a patent and therefore suffices as a "prior application" on which you can claim priority. Currently, I'm not aware of any jurisdiction that doesn't accept a provisional application as a legitimate priority document.
Regards.
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James D. Ivey
Law Offices of James D. Ivey
http://www.iveylaw.com
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Isaac
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Posts: 3472
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Re: A preliminary provisional filing?
« Reply #13 on: Jun 25th, 2007, 4:10pm » |
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on Jun 23rd, 2007, 9:14am, TataBoxInhibitor wrote:| I may be going off on a tangent here, but there has been talk of the provisional application as not being an adequate document in which to claim priority from a later filed PCT application. Has anyone experienced this situation? |
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I've been told that a provisional without claims might not be adequate, but I don't have any first hand experience of such.
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Isaac
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