Patent and Invention Help Forum

(Provisional patents) Method and apparatus, separate rights within a filling.

Hello everyone!
I have never posted in this forum, but I have a question that seems nobady asked before.

Q: If I file a single provisional patent for both a method of manufacturing and a device (able to use this method) and later I file a non-provisional patent (within 12 months) but the method results to be non-patentable (because of lets say prior art) and the device is ok (it would be patented if filed separately) the whole non-provisional patent would be invalid? It would affect the priority? anything I am missing?

Thanks in advance for any feedbak!
Regards,Caravaggio.

« Last Edit: March 24, 2019, 09:25:04 AM by Caravaggio »

Brad

  • Patent Agent
  • *****
  • 1861
  • Owner of PatentFile, LLC
    • View Profile
    • Patent File
Re: Method and apparatus provisional patents separate rights.
« Reply #1 on: March 24, 2019, 09:11:36 AM »
If one part of your invention is not allowed you can still try to get the other part of your invention allowed, even if they are both listed in the same application.

In your non-provisional you would have some claims to the method and some claims on the device.   If the method claims are rejected and the device claims are allowed you would just cancel/remove the method claims and your patent would be approved on the device only.      This is fairly common.


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

Hire Me:  https://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.

Re: Method and apparatus provisional patents separate rights.
« Reply #2 on: March 24, 2019, 09:22:52 AM »
Thanks a lot for your rapid and useful answer! I really needed to ask this because I couldnt find it anywhere else.