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Should I abandon my provisional and start over?

Should I abandon my provisional and start over?
« on: February 04, 2017, 04:51:12 PM »
Situation: Filed my provisional 11 months ago. Rewriting to file as regular US and PCT applications. Pro se currently, may have pro bono help in a couple of months, for filing further claims in amendments.

Basically I've gone from trying to patent my idea, to patenting what I've actually invented.  That's a huge difference.

So let's say you think of my provisional as a street. We start at Point A, go to B, or C, or both, to get result D.
A then B gets you to D.
A then C gets you to D.
A then B and C gets you to D, but D is much improved.

So points B and C are actually cross streets with many variations. Start at point A, wander all over streets B and C, and get to D. That's what my provisional outlines.

I've come to realize that Point A is actually a roundabout connecting to many streets.  So there are a lot more possibilities involved. Rewriting my patent app focusing largely on Roundabout A would give me greater coverage.

Basically my provisional covers maybe 10% of the territory that I should cover in my regular US and PCT applications. The new application would cover the old info (in the previously filed provisional), but also is wholly new approach basically.

Do I do a rush job in the next couple weeks on my regular app, keeping my provisional as priority, and hope to amend with professional help later?

Or should I just buckle down, spend a couple months writing a whole new patent app, possibly with professional help, and losing the priority date of my existing provisional?

Is it possible that I can file a copy of my existing provisional today, and use today as my priority for a regular patent application later?




Brad

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Re: Should I abandon my provisional and start over?
« Reply #1 on: February 05, 2017, 07:00:33 AM »
Without actually looking at your application my 'guess' is that your first provisional probably has very little value if it does not properly cover your invention and the different implementations.   For that reason one strong option would be to file an updated provisional as soon as you can with a better description and then file your non-provisional a year later.

The risk/downside to this is you will lose your original provisional's filing date but if the original provisional was not properly enabled/described in detail, its probably a minimal risk. 
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