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People also ask
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What happens after filing a provisional patent application?
Provisional patent application are not examined by the U.S. Patent and Trademark Office. Instead, they act to provide you with a priority filing date with respect to the subject matter disclosed in the provisional patent application.
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Can you sell your invention with a provisional patent?
Yes, you can sell your product after filing a provisional patent. You can put the phrase ``Patent Pending'' on any websites or marketing materials.
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What is the purpose of a provisional?
A provisional application provides the means to establish an early effective filing date in a later filed nonprovisional patent application filed under 35 U.S.C.
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What is the main disadvantage of a provisional patent application?
Consequently, the filing of a provisional application delays the patent examination process. Provisional applications may not support the broadest claims for an invention. As a result, later-filed claims in the utility application may not be entitled to the priority date of the original.
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Does a provisional patent need an abstract?
There is no need for: Claims – A provisional patent application does not need to include claims. Abstract – Not necessary in a provisional specification.
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Does a provisional patent protect your idea?
A provisional patent application doesn't really protect anything by itself. You can't sue anyone for infringing on your invention using your provisional. Also, you're highly unlikely to license or sell your invention based on a provisional.
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Is it worth getting a provisional patent?
Should you file a provisional patent application? The biggest advantage of filing a provisional patent application is TIME. If you're still working on perfecting your invention, a FILED provisional application holds your place in line. You're considered "first-to-file", but you still have 12 months.
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Does a provisional application need claims?
Unlike an application filed under 35 U.S.C. 111(a) which requires claims before examination, a provisional application does not require claims. Furthermore, no oath or declaration is required. See MPEP § 201.04.
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