Patent and Invention Help Forum

New Provisional Patent vs. Public Disclosure Date

john tschogl

New Provisional Patent vs. Public Disclosure Date
« on: June 04, 2017, 02:48:09 PM »
Hi Brad- Thanks for hosting this blog.

I filed a Provisional Patent Application for my invention on June 22, 2016.

On July 10, 2016 I made my invention public by publishing a website to promote it. The website showed only one photo-- a general photo of part of my invention (but no other photos or drawings showing details). The website also contained a general written statement about the invention, and listed my contact number for requests for personal demos of the invention. (I never did get any requests to demo it.)

Emergency family issues consumed my time the past year, and any invention promotion had to be put on hold. Now, the expiration date of my Provisional is imminent and there is no time to move forward with a non-provisional patent application.

1.)  If I filed a new (2nd) Provisional before the 1st Provisional expires on June 22? --What would happen?

2.) Would the new (2nd) Provisional give me another 12 months to file a non-provisional ?

3.) or would the new 2nd Provisional be negated on the July 10, 2017, the one year anniversary date of my making my invention public by the publishing of the website last year?  (I understand that if you file any additional Provisionals that you lose the priority any previous one.)

4.) If I let my provisional lapse without doing anything, would someone else who came up with my same idea be able to get a patent on it? or would my website making the information public be considered prior art and make any future patent impossible? (even though a non-provisional patent was ever even applied for.)

Thanks Brad.
Regards John T.


 
« Last Edit: June 04, 2017, 04:18:21 PM by Brad »

Brad

  • Patent Agent
  • *****
  • 1696
  • Owner of PatentFile, LLC
    • View Profile
    • Patent File
Re: New Provisional Patent vs. Public Disclosure Date
« Reply #1 on: June 04, 2017, 04:24:20 PM »
Great questions:

This post I wrote should answer most of your questions in more detail but I will try to briefly answer each one:
http://patentfile.org/can-you-refile-a-provisional-patent-application/

Quote
1.)  If I filed a new (2nd) Provisional before the 1st Provisional expires on June 22? --What would happen?
You would have a brand new provisional and since you cannot link two provisionals together, your new provisional would have a new 2017 filing date in the eyes of the patent examiner.   This means that if someone else filed their patent on July 1, 2016, their application would now pre-date yours and potentially block your application from being allowed.
(note this is rare and many people file new provisionals all the time but you should be aware of the risks)

Quote
2.) Would the new (2nd) Provisional give me another 12 months to file a non-provisional ?
Yes
Quote
3.) or would the new 2nd Provisional be negated on the July 10, 2017, the one year anniversary date of my making my invention public by the publishing of the website last year?  (I understand that if you file any additional Provisionals that you lose the priority any previous one.)
As long as you file your new provisional before July 10, 2017 you would still have the 12 months to file your non-provisional. 

Quote
4.) If I let my provisional lapse without doing anything, would someone else who came up with my same idea be able to get a patent on it? or would my website making the information public be considered prior art and make any future patent impossible? (even though a non-provisional patent was ever even applied for.)
If someone else tried to file a patent on the same idea after July 10, 2016, your website should be able to serve as "prior art" to stop their patent from being allowed.   


My free patent template: http://patentfile.org/free-provisional-patent-template/

Hire Me:  http://patentfile.org/packages/

Disclaimer: The information on this site is not legal advice and is not a substitute for an attorney or a law firm.  You should seek legal counsel for legal questions.