Provisional Patent Application

[imfinny]

What is the name of your state? Minnesota

I filed a provisional patent application about 11 months ago, and I have made a few improvements to my invention. I am still not quite ready to file a utility patent application, so I was wondering if I can either re-file my original provisional application (and I assume lose my original filing date), or add the improvements and file a new provisional. If I file a new provisional, will I lose the original filing date?

 

[divgradcurl]

Yes, and yes.

Your best bet if you want to retain the original priority date is to go ahead and file a utility application, then you can file a CIP later with the new material.

If you decide to allow the provisional to expire, however, you would be better served refiling the new provisional with the new matter added. You are going to lose the priority date either way, and you might as well get all of your new matter the earliest priority date possible.