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Utility Patent awarded in Asian country - how to get US patent?

Leo Ursua

Hi Brad,

I need your advice please.

I applied for a USPTO provisional patent application last October 2015 and, at the same day, I filed at our Asian country's patent office.
Budget limitations did not allow me  to file for Actual USPTO patent or PCT within the 12 months allowance.

I pursued our application with our local patent office and  was awarded the Utility Model patent in December 2016.

Is there a way for me to appeal to the USPTO for them to allow me to apply to revive my old application OR apply a new one?

Thank you so much, Brad.

Hopefully , I would have some financial investor soon to help provide for a good patent agent like you.

Best regards,



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Re: Utility Patent awarded in Asian country - how to get US patent?
« Reply #1 on: March 03, 2017, 09:21:25 AM »
There is no way to extend or appeal the expiration of the provisional patent app if it expired more than 2 months ago.

Sorry, I do not know of a way for you to still patent this in the USA.  I would certainly suggest you get another opinion if possible but I just can't think of a way to do this.

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