QUESTION
What can I do for an expiring provisional patent?
Asked on Jan 06th, 2011 on Patents - New York
More details to this question:
I have a provisional patent that is about to expire in 2 days. As of now, I figured I don't have enough specific information or too broad to go for non-provisional. So, I am thinking let my current provisional patent expire or withdraw it. (Are there any difference let it expire (abandon) or withdraw? If I withdraw or let it expire (abandon) will the provisional patent become a public knowledge? I really don't want that to happen since I am planning to make a new patent. What are choices? Which I even think about re-filing? Thank you in advance and please let me know my options also.
2 ANSWERS
Provisional will not be published. However if you have shown the provisional around or publicly made or used the invention you have only 2 days to file for a utility patent - then you loose the right to.
Answered on Jan 07th, 2011 at 10:28 AM
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You probably have only one option to preserve rights. You need to file as a non-provisional to keep the priority date. A continuation case can be filed later to add new information. You should consult with an attorney, as an incurable error is possible.
Answered on Jan 07th, 2011 at 9:13 AM