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Topic: multiple provisional applications (Read 1324 times) |
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scientist
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Posts: 9
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multiple provisional applications
« on: Mar 1st, 2007, 1:39pm » |
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In the web page "Provisional Application for Patent" (uspto.gov/web/offices/pac/provapp.htm) there is a statement: "Allows for the filing of multiple provisional applications for patent and for consolidating them in a single §111(a) non-provisional application for patent;"
My questions general in nature, can anyone tell me how this works? how do you "link" them?, could you please provide any examples if possible.
Thanks so much
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JimIvey
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Posts: 2584
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Re: multiple provisional applications
« Reply #1 on: Mar 1st, 2007, 3:12pm » |
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Quote:RELATED APPLICATION
[0001] This patent is a continuation of International Application Serial Number PCT/US05/005064, entitled "Methods and Apparatus to Determine Audience Viewing of Recorded Programs," and filed on Feb. 17, 2005. This patent also claims priority from U.S. Provisional Application Ser. No. 60/545,309, entitled "Methods and Apparatus to Determine Audience Viewing of Recorded Programs" and filed on Feb. 17, 2004. International Application Serial Number PCT/US05/005064 and U.S. Provisional Application Ser. No. 60/545,309 are hereby incorporated by reference in their entireties. |
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... from US Patent Application Publication 20070050832.
By mathematical induction, you can add as many provisional applications as you like.
Whether you ought to is an entirely different question.
Regards.
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James D. Ivey
Law Offices of James D. Ivey
http://www.iveylaw.com
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scientist
Newbie
Posts: 9
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Re: multiple provisional applications
« Reply #2 on: Mar 1st, 2007, 4:07pm » |
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Thankyou very much for the speedy reply Mr Ivey. It is very useful. I notice in the example the statement "... patent also claims priority ...", my further question has to do with priority and filing dates; can the second provisional claim the priority date from the first (in the example Feb. 17, 2004) even though it was filed later (in the example Feb. 17, 2005). In addition, how does this effect the filing date for the non-provisional (ie the 12 month deadline), or cam you continue on indefinitely with provisionals and never file a non-provisional? I'm a bit confused here.
thanks again
Best Regards
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Wiscagent
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Re: multiple provisional applications
« Reply #3 on: Mar 1st, 2007, 6:30pm » |
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You can claim priority to whatever you want.
But only provisional patent applications filed not more than one year before the regular patent application will be recognized as priority applications by the PTO.
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Richard Tanzer
Patent Agent
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Bill Richards
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Re: multiple provisional applications
« Reply #4 on: Mar 1st, 2007, 8:15pm » |
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I'm not sure a PPA can claim priority to another PPA. According to 35 USC 111(b)(4), "The filing date of a provisional application shall be the date on which the specification and any required drawing are received in the Patent and Trademark Office." This would indicate that no benefit of a prior application may be claimed.
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William B. Richards, P.E.
The Richards Law Firm
Patents, Trademarks, and Copyrights
614/939-1488
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