Provisional Patent Application

[bvigorda]

Hello,

Suppose I filed a provisional patent application then made significant changes to my invention and filed a new provisional patent application.

Now I think my original provisional patent application is the better of the two.

Have I lost my right to use the original provisional patent application as the reference when I file for the non-provisional?

Thanks

[Isaac]

No you have not assuming that the original provisional is still pending.  You can ignore the 2nd provisional if you wish simply by not claiming priority to it.

[bvigorda]

Hi Isaac,

I think I already know the answer to this question, but I want to ask just to be sure.

If I don't file a NPR along with my PPA, can I still file it with my NPA?

Thanks,
Gail

[Isaac]

Hi Isaac,

I think I already know the answer to this question, but I want to ask just to be sure.

If I don't file a NPR along with my PPA, can I still file it with my NPA?

Thanks,
Gail

What's an NPR?

[JimIvey]

Non-Publication Request?  That would be my guess.  I actually don't know the answer to that one, but I'm betting the answer is "Yes."  In fact, my guess would be that you can request non-publication for continuation, divisional, CIP applications too, even if the parent is published.  But that's one I'd have to look up before actually doing it.

Regards.

[Isaac]

Given that there would be no need to file a non publication request for a provisional, I assume the answer has to be yes.

[bvigorda]

Thanks all

Hopefully I can give you all a rest for a while now

[ChrisWhewell]

Given that there would be no need to file a non publication request for a provisional, I assume the answer has to be yes.

Under Roman numeral II in the link at the bottom, it states:

"For example, a nonpublication request filed with a request under 37 CFR 1.53(c)(3) to convert a provisional application to a nonprovisional application will not be accepted as timely filed because the nonprovisional application would be accorded the original filing date of the provisional application if the request to convert is granted. The nonpublication request must also be included with the application papers. The nonpublication request cannot be filed separately on the same date as the filing date of the application (e.g., the nonpublication request is filed in a different "Express Mail" package than the package that contains the application)..."

Maybe I'm reading it wrong, but it seems to state that filing a non-publication request with provisional papers is sometimes necessary ... ??


http://www.uspto.gov/web/offices/pac/mpep/documents/1100_1122.htm