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Provisional Patents

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tkmarshel

Junior Member
What is the name of your state?What is the name of your state? Florida
While in Ohio, I filed for 3 provisional patents. It now has been just over one year, and I finally found the VC'ist to fund my project.
Do I need to reapply for the provisional patent to establish a submission timeline on this project, or should I go and ask for Patent process to proceed?
What are the ramifications of perhaps two weeks post one year provisional patent status?
 


divgradcurl

Senior Member
Do I need to reapply for the provisional patent to establish a submission timeline on this project, or should I go and ask for Patent process to proceed?
If more than a year has passed, that's it. The provisionals are abandoned and cannot be brought back to life.

"5) ABANDONMENT.-Notwithstanding the absence of a claim, upon timely request and as prescribed by the Director, a provisional application may be treated as an application filed under subsection (a). Subject to section 119(e)(3) of this title, if no such request is made, the provisional application shall be regarded as abandoned 12 months after the filing date of such application and shall not be subject to revival after such 12-month period."

See MPEP 201.04(b): http://www.uspto.gov/web/offices/pac/mpep/documents/0200_201_04_b.htm#sect201.04b

What are the ramifications of perhaps two weeks post one year provisional patent status?
See above -- the provisionals over 1 year old are abandoned.

Now, that doesn't mean you can't still go ahead and file your patent applications -- but it does mean that you will not be able to claim the filing date of the provisional patents as your "priority date" -- sorry, but that ship has sailed. You'll need to either refile the provisionals or file the nonprovisionals to obain a new priority date.
 

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