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refiling provisional patent?

Dave Whitmer

refiling provisional patent?
« 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
« Last Edit: December 27, 2017, 06:40:03 AM by Brad »


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Re: refiling provisional patent?
« Reply #1 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:

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