Post dating of patent application in usa
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Go to our Patent FAQ page and enter these questions to learn more about the Patent Process - Utility Patent Utility patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or compositions of matters, or any new useful improvement thereof.A provisional application is generally filed to gain priority for a patent application, as the priority date plays a vital role in the grant of the patent.If an applicant needs more than the prescribed period to file a complete specification, an applicant may post-date a patent application, accompanied by a provisional specification.However, it is evident from the preamble of Section 17(1) that the section is subject to Section 9, which means that all subsections of Section 9 must be complied with before implementing Section 17.Precedent In 1999 the Delhi High Court in ((1999 IVAD Delhi 613, AIR 2000 Delhi 23, 80 (1999) DLT 56)) cited Sections 9 and 17, and stated that a patent could be post-dated only to the date of filing the complete specification.A provisional application for patent (provisional application) is a U. national application filed in the USPTO under 35 U. A provisional application provides the means to establish an early effective filing date in a later filed nonprovisional patent application filed under 35 U. However, a nonprovisional application that was filed more than 12 months after the filing date of the provisional application, but within 14 months after the filing date of the provisional application, may have the benefit of the provisional application restored by filing a grantable petition (including a statement that the delay in filing the nonprovisional application was unintentional and the required petition fee) to restore the benefit under 37 CFR 1.78. By filing a provisional application first, and then filing a corresponding nonprovisional application that references the provisional application within the 12-month provisional application pendency period, a patent term endpoint may be extended by as much as 12 months. Keep in mind that a publication, use, sale, or other activity only has to be made available to the public to qualify as a public disclosure. EFS-Web allows patent applications, including provisional applications, to be filed securely via the Internet.
§119(e) for the benefit of a prior provisional application must be filed during the pendency of the nonprovisional application, and within four months of the nonprovisional application filing date or within sixteen months of the provisional application filing date (whichever is later). 1.53(c)(3) requesting such a conversion within 12 months of the provisional application filing date. A drawing necessary to understand the invention cannot be introduced into an application after the filing date because of the prohibition against new matter. Call the USPTO Contact Center (UCC) Monday to Friday (except federal holidays) at 800-786-9199 for fee information.
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Back to Top PROVISIONAL APPLICATION FOR PATENT FILING DATE REQUIREMENTS The provisional application must name all of the inventor(s). A filing date will be accorded to a provisional application only when it contains a written description of the invention, complying with all requirements of 35 U. Applicants prepare documents in Portable Document Format (PDF), attach the documents, validate that the PDF documents will be compatible with USPTO internal automated information systems, submit the documents, and pay fees with real-time payment processing.
In view of the one-year grace period provided by 35 U. When fillable EFS-Web forms are used, the data entered into the forms is automatically loaded into USPTO information systems. By Mail: The provisional application and filing fee can be mailed to: Commissioner for Patents P. Box 1450 Alexandria, VA 22313-1450 FEATURES WARNINGS A provisional application automatically becomes abandoned when its pendency period expires 12 months after the provisional application filing date by operation of law. Independent inventors should fully understand that a provisional application will not mature into a granted patent without further submissions by the inventor.
A provisional patent application allows you to file without a formal patent claim, oath or declaration, or any information disclosure (prior art) statement. A provisional application is not required to have a formal patent claimor an oath or declaration. It also allows the term "Patent Pending" to be applied in connection with the description of the invention. §119(e), the corresponding nonprovisional application must contain or be amended to contain a specific reference to the provisional application. See 37 CFR 1.78 Once a provisional application is filed, an alternative to filing a corresponding nonprovisional application is to convert the provisional application to a nonprovisional application by filing a grantable petition under 37 C. Converting a provisional application into a nonprovisional application (versus filing a nonprovisional application claiming the benefit of the provisional application) will have a negative impact on patent term. 102(a)(1), a provisional application can be filed up to 12 months following an inventor's public disclosure of the invention. Further, 37 CFR 1.53(c) prohibits amendments from being filed in provisional applications which are not required to comply with the patent statute and all applicable regulations. patent law and procedures should consult an attorney or agent registered to practice before the USPTO. Payment by check or money order must be made payable to "Director of the U. Patent and Trademark Office." HOW TO FILE The provisional application papers (written description and drawings), filing fee and cover sheet can be filed electronically using EFS-Web or filed by mail.