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Under U.S. law, a provisional application, as such, is never examined by the United States Patent and Trademark Office (USPTO), and therefore never becomes a patent on its own (unless the provisional patent application is later converted into a non-provisional patent application by the applicant, and then the application is examined as a non ...
Provisional patent applications can be filed with a small number of patent offices, particularly with the USPTO. In order for a US provisional application to establish a priority date for a future full (i.e. non-provisional) standard patent application , the disclosure in the provisional must be enabling .
Since the American Inventors Protection Act, the USPTO publishes patent applications 18 months after the earliest priority application (which often is a provisional application) is filed. This time limit can be extended under certain circumstances, for an additional fee. [ 30 ]
All users could file new applications for accelerated examination, design patents, design patent reissues, international applications for filing in the US receiving office, provisional applications, reexamination requests, utility patents under 35 U.S.C. § 111(a), utility patent reissues, U.S. National Stage applications under 35 U.S.C. § 371 ...
If the United States Patent and Trademark Office (USPTO) fails to examine a patent application in time (deadlines for various steps are different), the patent term may be extended. [7] Extensions or other delay taken by the applicant can reduce or eliminate the extension. [7] This extension is known as a patent term adjustment (PTA).
The program was discontinued by the USPTO as of February 1, 2007, in favor of filing a provisional application. The USPTO says: A provisional application for patent provides more benefits and protections to inventors than a disclosure document and can be used for the same purposes as a disclosure document if necessary. ...
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