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Licensing / Patent Experts...Can a "Provisional Patent" be labeled "Patent Pending"

by Sean A McAlister
5 replies
Hey Warriors,

I'm working on a project and am wrapping up a "Provisional Patent" while we continue to work on the actual patent.

My question is, I cannot find (without a doubt) weather or not one can claim
"Patent Pending" once the provisional has been filed.

I've been all over the Govt website and conducted some other research but can't determine it.
Process for Obtaining a Utility Patent

I know there is a 12 month time line between submitting the Provisional and filing for the regular patent but within that time frame can I use
the term "Patent Pending"

We are in the process of finalizing some meetings with a couple of fortune 500 Companies to license the product I just want to be sure I've got it right

Any help would be greatly appreciated.

Best

Sean
#expertscan #labeled #licensing #patent #patent pending #provisional patent
  • Profile picture of the author lisaann
    It's here...

    Provisional Application for Patent

    You can, and reading this will help you understand more of what you just got yourself into.

    Lisa
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    • Profile picture of the author Paul Fernandez
      Yes you absolutely CAN claim "patent pending" with a provisional application!

      You may have already been told this but a provisional application is great because you can rewrite your patent almost endlessly, based on the original claims, and these "new" patents always have the effective date of the provisional yet the 20 year lifespan starts from the filing date.

      I made the mistake with many of my patents by Not filing a provisional. I had a competitor that had a provisional patent similar to one of mine and they kept rewriting the damn thing to broaden it's scope and invalidate mine. Luckily they were never able to.

      Good luck with yours, I hope you get a good licensing and/or business deal out of it!
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      • Profile picture of the author Sean A McAlister
        Originally Posted by Paul Fernandez View Post

        Y

        You may have already been told this but a provisional application is great because you can rewrite your patent almost endlessly, based on the original claims, and these "new" patents always have the effective date of the provisional yet the 20 year lifespan starts from the filing date.

        Yes, I found that out...not to mention the provisional is great because there's no review which means it get's processed faster and for a lot less cash on the front end which in turn enables folks to solicit possible investors, manufactures etc. while having some protection ( outside of a NDA, which some companies won't even entertain until they've got some idea of the product...and without any Patent applications would be just handing over the idea)

        I only wish I knew all of this 3 years ago....lol.

        It's been a process for sure over the last 6 months but the light is finally in sight!

        Thanks for the input and good luck to you with all your endeavors!
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        • Profile picture of the author provisionalpatent
          Sean:

          YES YES YES.. See the note I sent you in FaceBook. I have a website there that shows you how to do the Prov Pat Application on your own.. It is an APPLICATION.. not a patent.. It needs to be converted in 12 months to a non provisional. However, on Dec 2010 the USPTO allows you to extend it for a total of 24 months. This gives you time to monetize your idea so you can afford the BEST patent attorney.

          The provisional patent application is INTENDED to be filled out without the use of an attorney.. Paperwork reduction and all. However, there are tricks lawyers know and the site I sent you tells you about...
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    • Profile picture of the author Sean A McAlister
      Originally Posted by lisaann View Post

      It's here...

      Provisional Application for Patent

      You can, and reading this will help you understand more of what you just got yourself into.

      Lisa
      Thanks...I see it now under the "Features" section. With all of the other details and fine print I missed it...that was one of the final pieces to finish this thing.

      Thanks again!

      Best

      Sean
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