Provisional Patent Expired

[mbc841]

What is the name of your state (only U.S. law)? Virginia

I created a prototype of a new kitchen appliance - and went through Legal Zoom.com to have a patent search done and to acquire a provisional patent.

The provisional patent has since expired - do I need to get a NEW provisional patent or can I get a permanent patent? Is it possible that someone else could have patented my idea AFTER my provisional patent expired? Do I need to have a NEW patent search done?

 

[FlyingRon]

Neither. Your invention is no longer patentable BY ANYBODY since you no longer meet the novelty test.

To get patent protection you have to have either filed a non-provisional patent on the invention or converted the provisional application to a non-provisional application within the twelve months following the provisional filing.

If someone filed for a patent on the claims you made in the provisional after you filed the provisional you can certainly make valid argument that if their patent was issued, it is invalid due to prior disclosed art.

 

[mbc841]

Neither. Your invention is no longer patentable BY ANYBODY since you no longer meet the novelty test.

To get patent protection you have to have either filed a non-provisional patent on the invention or converted the provisional application to a non-provisional application within the twelve months following the provisional filing.

If someone filed for a patent on the claims you made in the provisional after you filed the provisional you can certainly make valid argument that if their patent was issued, it is invalid due to prior disclosed art.

Thanks!!!!