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   Second Provisional Patent Application
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   Author  Topic: Second Provisional Patent Application  (Read 5080 times)
JimIvey
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  jamesdivey  
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Re: Second Provisional Patent Application
« Reply #5 on: Sep 12th, 2006, 1:43pm »
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I would add that the thing that limits how late you can file your patent application (real or merely provisional) is prior art -- public printed descriptions of your invention, public uses of your invention, offers to sell or sales of your invention, etc.  And, remember that "your invention" means anything you hope to cover with your patent.  So, acts by others certainly qualify.  The longer you wait to file, the more you risk failure to get any protection at all.
 
And, if you know you sold some instances of your invention back in Nov '05, missing the Dec '06 filing would be fatal (your sales would predate your filing date by more than one year.  If you're at all unsure of the sufficiency of your provisional application (under the standards of sufficiency applied to real applications), I'd suggest filing your real application before the Nov '06 first anniversary of your first sale, so the sufficiency of your provisional application never comes up under US law.
 
Regards.
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James D. Ivey
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