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Topic: Can a PPA be as complete as an RPA? (Read 3969 times) |
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JasonR
Newbie
Posts: 35
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Can a PPA be as complete as an RPA?
« on: Oct 7th, 2007, 2:36pm » |
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With the exception of claims, can a preliminary patent application be as complete as a regular patent application? Are there any other sections/aspects besides the claims that should not be included?
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Bill Richards
Full Member
 
Posts: 758
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Re: Can a PPA be as complete as an RPA?
« Reply #1 on: Oct 7th, 2007, 3:59pm » |
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Yes, and many practitioners, myself included, will write a PPA as an NPA. There does, however, seem to be some disagreement about including claims in the PPA. The concern is that changes to the claims when the NPA is filed may be construed as invoking Festo. I think that's a stretch, but it's not been tested in the courts as far as I know.
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William B. Richards, P.E.
The Richards Law Firm
Patents, Trademarks, and Copyrights
614/939-1488
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pentazole
Full Member
Posts: 197
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Re: Can a PPA be as complete as an RPA?
« Reply #2 on: Oct 7th, 2007, 4:44pm » |
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Hmm... interesting about not including claims in PPA's. Since I started working in this field (not too long ago), I have written PPA's as if they were NPA's, including claims and everything. I'm going to have to rethink it now.
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biopico
Full Member
Posts: 434
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Re: Can a PPA be as complete as an RPA?
« Reply #3 on: Oct 7th, 2007, 7:04pm » |
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People that I am in association with include claims in PPAs.
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Registered Patent Agent Specializing in All Areas of Biotechnology
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TataBoxInhibitor
Full Member
Posts: 456
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Re: Can a PPA be as complete as an RPA?
« Reply #4 on: Oct 7th, 2007, 7:10pm » |
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For foreign filing reasons it is a good idea to include a broad claim or set of claims.
Regards,
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