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Subject:
US provisional reference
Category: Miscellaneous Asked by: philipa-ga List Price: $5.00 |
Posted:
20 May 2002 02:39 PDT
Expires: 27 May 2002 02:39 PDT Question ID: 17049 |
US provisional reference. In writing a US regular patent application, I want to refer to a filed provisional, but do not need to claim the provisional's priority date. Can I do this by referring to the provisional in the Detailed Description only, or do I have to claim the benefit of the provisional in the Cross-reference to Related Applications? |
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Subject:
Re: US provisional reference
Answered By: boxcar-ga on 21 May 2002 22:11 PDT Rated: ![]() |
Hello philipa, I assume that you don't want to claim the date of the Provisional (PPA) because the 20 year term would extend from the original filing date instead of that of the Regular (RPA) patent. That being said, any reference to other applications needs to be in the Cross-Reference to Related Applications field. This will not, however, convert your PPA to an RPA, and therefore will not revert to the date of the PPA. Here's an extensive and probably the best online FAQ from the PTO site for help with the rest of the application: http://www.uspto.gov/web/offices/pac/doc/general/ Thanks for your question. boxcar |
philipa-ga
rated this answer:![]() The answer made an incorrect assumption. Also, if I referred to the provisional in the cross-references, at least one of the inventors of the provisional needs to be in the regular application. This is not true in my case (although both applications are assigned to the same assignee). |
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