Patent and Invention Help Forum

Patent and Inventing Discussion => Patent Questions and Advice => Topic started by: Caravaggio on March 24, 2019, 09:02:06 AM

Title: (Provisional patents) Method and apparatus, separate rights within a filling.
Post by: Caravaggio on March 24, 2019, 09:02:06 AM
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.

Title: Re: Method and apparatus provisional patents separate rights.
Post by: Brad 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.


Title: Re: Method and apparatus provisional patents separate rights.
Post by: Caravaggio 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.