QUESTION
What are my options on a provisional patent application?
Asked on Jun 09th, 2012 on Patents - Oregon
More details to this question:
After five years I filed 4 apps. One is still current. Three expired thinking nothing would ever happen with sales. A USPTO agent told me there is nothing I can do, nor can any one else for that matter, meaning they can't file either. The product is simple, and would be difficult to change design. Others can make it, but cannot protect it either. What are my options? I am now getting a major offer to mass produce and distribute, and send me royalties. One concern I have is if they know this will it discourage there interest. I filed everything myself without legal advice. Now I guess I am going to pay for it.
3 ANSWERS
Intellectual Property Attorney serving Irvine, CA
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One option for your expired provisional applications would be to re-file them as provisional, assuming no events have occurred in the interim (such as sales or public disclosures of the invention) that would bar a new application. Re-filing would not receive the benefit of your original filing date, but you aer not throwing away the entire invention.
Answered on Jun 18th, 2012 at 9:46 PM
Unless you can convert the current provisional patent to a full patent application, there may not be much you can do. Modifying the design may allow you to submit another application. You may also want to look into filing a design application rather than a utility application.
Answered on Jun 18th, 2012 at 9:30 PM
First, there is not enough information for me to properly give you an answer. I would have to know a lot more such as first sales/discosure dates. Potential design changes. Non disclosure documents etc.
Answered on Jun 18th, 2012 at 9:25 PM