Provisional Patent

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  • This topic has 3 replies, 4 voices, and was last updated 2 years ago by Maia.
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  • #7468

    I read somewhere that a Provisional Pat. (if filed B-4 a traditional Utility Pat.) Will preclude you from (later) filing an International Patent. Does anyone know for sure?


    I think you are right about that. You might try the Patent and Trademark site, or United Inventors Association site. But you should ask yourself if your product really needs international protection. It is very expensive for starters. If your major country for sales will be here, why look farther?


    You have to file a provisional patent before filing for a utility patent, as I think I remeber that correctly. When you do file for your utility patent you have a time limit to file for the international. Imternationals are time dependant on how much you want to spend and for how long you need or want it. I didn’t get it because it was thousands for so many months. You have to be ready with your product sales before you get your utility, if you want a international, then renew it and renew it, I believe this is correct.


    You do NOT need a provisional in order to get a Utility patent. You can bypass the provisional altogether if you are ready to file a full utility patent. My impression is that provisionals in themselves do not prevent you from getting an international patent. What DOES make you ineligible for an international patent is if you try to sell your product or you disclose your product in public BEFORE you file the international application. In the US, you have 1 year to file the application after an offer for sale or public disclosure. But in other countries, all patents have to be filed BEFORE you do any of that. So, if you get a provisional patent and then put up a website, go to a tradeshow or try to sell your invention on eBay, you forfeit your rights to ever being able to get an international patent. If you do all those things but then don’t file a US application within 12 months, you will never be granted a patent anywhere in the world.

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