QUESTION
What can I do for an expiring provisional patent? How?
Asked on Jun 12th, 2015 on Patents - Massachusetts
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.
3 ANSWERS
Check the USPTO website. You may be able to extend the provisional patent for an additional fee.
Answered on Jun 12th, 2015 at 9:00 PM
You can either file a regular patent before the provisional expires (and claim priority to the provisional) or let the provisional application automatically expire after the 1 year anniversary. The provisional application will not become publicly accessible unless a regular utility application is filed claiming priority to the provisional and the utility application is made public (a US utility application can be confidential until allowance and publication. The situation is actually somewhat more complex- you should hire a patent attorney.
Answered on Jun 12th, 2015 at 1:19 PM
Appellate Litigation Attorney serving Boston, MA
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File an "express abandonment" form in the USPTO today! Express abandonment allows you to refile you provisional - assuming no public disclosure has been made regarding the invention. If a public disclosure has been made - that becomes prior art against your new application. Allowing the case to simply expire at the end of the one-year term can be a problem regarding the right to claim priority, especially outside the USA under the Paris Convention.
Answered on Jun 12th, 2015 at 12:16 PM