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Patent Questions and Advice / Moving from PPA to NPA
« on: March 09, 2016, 05:32:02 AM »

in less than 4 weeks my Provisional Patent application is about to expire and it is time to file the non provisional one.
A few questions:

1) My filing date for the PPA is April, 3rd 2015. DO I have time til April, 2nd 2016 to file the NPA online ? I am assuming filing the NPA online will be safer cos of possible delays of snailmail.
2) I understand the text in the NPA doesn't have to be a copy/paste of the PPA and I am allowed to do some modifications. However the substance of the claims should be the same and if I will have some new claims, these will not have the original date of the PPA. Meaning that new claims will be considered as such and will have new filing date (newer).
Is the USPTO office spitting them and eventually giving me two different patents or files (one with old claims from PPA and one with new claims filed with the NPA) ? Or how should I properly file new claims which will be substantially different from the original PPA ? What if my judgment in what is different and what is not will differ from the USPTO? How they will handle my NPA if they will judge that some claims are too different ? Will they grant a patent including only the claims they consider close to the original ones from the PPA ? What will happen to the claims in NPA which they will consider too different from the PPA ? (Hope I was clear enough).
3) How can I file myself the NPA ? Is the process similar to the filing of the PPA ?


Patent Questions and Advice / Got it and thank you !
« on: April 23, 2015, 06:20:35 AM »
Hi Brad
I wanted to express my gratitude and say thank you.
Just by reading all the info you provided on this site and forum but also getting your valuable answers to my questions, I managed to file my PPA.
Today i got the written confirmation from the USPTO (I live in EU) and I can now use the "Patent Pending" status.


Patent Questions and Advice / Credit card payment for PPA
« on: March 29, 2015, 02:16:04 PM »
Hi Brad
I am filing the docs need for the PPA. I read I should fill out the form 2038 when paying the PPA fee by credit card.
In that form on the bottom I should Indicate the "Description of Request and Payment Information: ", I wrote the text "Provisional Patent Application fee (micro entity)" in that field.
Should I also thick the box "Patent fee" ?

Hi Brad

in this page of you site:
There is a link to the "Provisional Patent Cover Sheet or Transmittal Letter" PDF file, however that PDF says "Approved for use through 01/31/2014".
Since it is "expired" can it be still used ?


I am planning to file a US provisional patent application. Is there any restriction on the country of residence of the applicant ?
Can I apply for it even if I am an EU resident ? The US process seems much cheaper and faster compared to the EU method.
This way I would get 12 months time to prepare and apply on the regions I will deem most adequate.


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