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   Author  Topic: Provisional Patent Application Number  (Read 691 times)
Sue
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Provisional Patent Application Number
« on: Dec 12th, 2005, 4:19pm »
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I have recently filed for two provisional patents.  I was told by someone not to give out my application numbers to anyone, but I wasnt told why.  I am meeting with a representative of a corporation interested in the patents, and he has asked fo rthe application numbers...  Can someone shed some light on this?  Is there any negative consequence to giving out a patent application number to a prospective licensor?  Thanks.
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F.Picard
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Re: Provisional Patent Application Number
« Reply #1 on: Dec 15th, 2005, 10:08am »
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This seems to me a case of Paris convention,
 
Indeed, giving the provisional application number is giving one part of the identity of the priority filing.
 
It's like giving the keys of your home to a stranger.
 
If a less scrupulous mind have all the ingredients (i.e. content of the provisional application, title, provisional application number), he could eventually file a patent claiming YOUR provisional application as priority.
 
He would probably file it in countries which are less strict on Paris convention application.  
 
I sincerely hope that you had a confidentiality disclosure agreement with those guys. This would prevent them to do that, because filing a patent is a public disclosure.  
 
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Isaac
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Posts: 3472
Re: Provisional Patent Application Number
« Reply #2 on: Dec 15th, 2005, 12:03pm »
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on Dec 15th, 2005, 10:08am, F.Picard wrote:
This seems to me a case of Paris convention,
 
Indeed, giving the provisional application number is giving one part of the identity of the priority filing.
 
It's like giving the keys of your home to a stranger.
 
If a less scrupulous mind have all the ingredients (i.e. content of the provisional application, title, provisional application number), he could eventually file a patent claiming YOUR provisional application as priority.

 
While I would not recommend giving out the provisional application number, the stealing priority scenario seems a bit far fetched.  
 
I would be more concerned that someone might be able to use the information to game their way into being able to view the provisional during a period when the provisional is still considered confidential.  
 
 
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Isaac
F.Picard
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Re: Provisional Patent Application Number
« Reply #3 on: Dec 20th, 2005, 10:46am »
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on Dec 15th, 2005, 12:03pm, Isaac wrote:

 
While I would not recommend giving out the provisional application number, the stealing priority scenario seems a bit far fetched.

 
This instantly brings me the question : What mechanisms prevent such priority "steal" ? What uspto, or foreign patent offices use as priority "recognition" mechanism ?
 
What, with the exception of a confidentiality disclosure agreement, would prevent such steal ?
 
Inventor match ? (Falsely or misleading on inventorship would invalidate the "stealed" patent).
 
 
 
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