Intellectual Property Law
Intellectual Property Law Questions? Ask a Lawyer
hello. a provisional patent application (PPA) is not examined, it is just a placeholder for filing a utility patent within 12 months. In a patent, your disclosure must be adequate enough to allow a person of skill in that art to be able to make or use the invention. How would the USPTO know that a company has been using the invention in secret?....in that sense your question does not make sense, the patent office evaluates patent applications based on publicly available information (mainly patents and printed publications) and if a patent is granted then the patent owner can prevent all others from making/using/selling the invention without a license.