Patent and Invention Help Forum

Patent and Inventing Discussion => Patent Questions and Advice => Topic started by: Dave Whitmer on December 26, 2017, 03:07:32 PM

Title: refiling provisional patent?
Post by: Dave Whitmer on December 26, 2017, 03:07:32 PM
Greetings, first thanks Brad for the great service. I filed a provisional patent in March 2016, refiled in March 2017. I am working with a manufacture and have improved the original design. Can I file a new provisional referencing the original provisional filed in 2016? If so do I have to mention all of the original elements, or just the improved elements? Thanks Dave Whitmer
Title: Re: refiling provisional patent?
Post by: Brad on December 27, 2017, 06:42:42 AM
Hi Dave,

Thanks for the message.

You cannot link provisional patent apps together so you cannot really "reference" the old one.   What you need to do is update/modify your old one and then re-submit it but it be treated as its own brand new (stand alone) provisional without any benefit of your earlier filed one.

I wrote a post on some of the pros/cons of re-filing a provisional here:
http://patentfile.org/can-extend-renew-provisional-patent-application-ppa/