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Alex Reese
Alex Reese, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 3411
Experience:  Experienced in intellectual property law
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My question has to do with patent law. Specifically about

Customer Question

My question has to do with patent law. Specifically about Provisional Patents.
Submitted: 3 months ago.
Category: Intellectual Property Law
Customer: replied 3 months ago.
I want to know if I show the results of an invention but not how I accomplished it. Does that make a provisional patent void.
Also, if a company has been using an invention in secrete and my patent goes to the patent office, will my patent be granted. And, if so, will the other company be required to stop making the product of my invention.?
Expert:  Alex Reese replied 3 months ago.

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? 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.

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