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Provisional Patent Application Questions

What is a provisional patent application?

A provisional patent application is defined as a type of temporary utility patent that is filed with the United States Patent and Trademark Office. Anyone can file for a provisional patent without consisting of any formal patent claims, or any information disclosure statement. A provisional patent application only allows one year of protection. After that one year is up the creator must file for a non provisional patent or discard the patent. The United States Patent and Trademark Office had set up the provisional patent application to create an early valuable filing date for the non provisional patent application, this helps create stability in the American Patent Law with the other patent laws within other countries.

What is a non provisional patent application?

A non provisional patent application is a term that is relates to the United States patent application that is not a provisional application. The non provisional application occurred in 1995 in order to be able to tell the difference between what was a “normal” patent application from the newly created provisional applications. A completed non provisional application can vary from a provisional in a non provisional must have at least one claim and it should be inspected. A non provisional application can also claim priority to a previous filed application, which cannot be allowed with the provisional applications. For more information about provisional patent applications, read below to view Expert answers.

When someone files a provisional patent application what happens to the IP address if it is not checked up within a year?

If the individual does not file a utility patent within the twelve months of filing the provisional patent application, then the individual will lose the priority date of that provisional patent application. Once this is done the provisional patent application will not act as a prior art against all the others. On the other hand, if this does happen the individual will have the ability to re file their patent application.

How can someone file a provisional patent application without assistance from an attorney?

Since a provisional application is not the same as a non provisional application nor is it as complicated, this application can be put together in professional attire as it sets manner if the application is ever changed to a non provisional status. An individual can research online some on the examples of a provisional patent application. The individual should be able to come across many things that are very similar as to if an attorney were to help with this matter. Of course this person will need to make sure that their creation has not already been patented. They can also search online for this information as well.

Can companies take an individual’s idea without their permission and file for a provisional patent application?

In this case, someone cannot patent, trademark or copyright just an idea. Many people have all kinds of ideas all the time, and until they take the steps to put these ideas into action, the individual cannot protect this idea. What is believed as the wise thing to do in this case would be to find a trustworthy friend or family to help in getting this idea into motion and develop the plan until the idea is successful. Once again the individual cannot take any legal action in order to protect this idea.

A provisional patent application allows people to protect an object or material for at least twelve months, and then this person will need to file for a non provisional patent application. A provisional patent application is what is considered as a temporary protection. For more information on provisional patent applications contact the Experts.

Ask an IP Lawyer

Alex Reese
Alex Reese, Lawyer
Category: General
Satisfied Customers: 2758
Experience:  Experienced in intellectual property law
14461494
Type Your Intellectual Property Law Question Here...
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5 IP Lawyers are Online Now

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IP Lawyers are online & ready to help you now

Alex Reese
Lawyer
Satisfied Customers: 2757
Experienced in intellectual property law
Robert McEwen, Esq.
Lawyer
Satisfied Customers: 557
Licensed Texas General Practice Attorney
Dimitry K., Esq.
Attorney
Satisfied Customers: 528
I assist my clients with IP questions that arise in their daily course of doing business.

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    My friend (Mr. X) has written his memoirs and plans to self-publish them. He wants to include some photos of himself along with family and friends. Does he need to obtain permission from the people in the photos before he can use the photos in his memoirs?
    The photos all belong to Mr. X or his immediate family. The photos are part of the family album.
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