OPTIONS WHEN A PROVISIONAL EXPIRES

Posted by Michael Shimokaji | Jun 14, 2015 | 0 Comments

Question: What can I do for an expiring provisional patent? How? Question Detail: I have a provisional patent that is about to expire in 2 days. As of now, I figured I don't have enough specific information or too broad to go for non-provisional. So, I am thinking let my current provisional patent expire or withdraw it. (Are there any difference let it expire (abandon) or withdraw? If I withdraw or let it expire (abandon) will the provisional patent become a public knowledge? I really don't want that to happen since I am planning to make a new patent. What are choices? Which I even think about re-filing? Thank you in advance and please let me know my options also.

ANSWER: An expired provisional patent application does not become public knowledge. One option is to re-file the provisional application, but you will lose the “priority” of the filing date from the earlier provisional. Before expiration, you may be able to “re-file” the provisional as a non-provisional application. 

About the Author

Michael Shimokaji

Michael’s expertise includes the strategic development of patent and trademark portfolios. He identifies those patents and trademarks that are valuable to his clients by providing them with a competitive advantage. Then, Michael obtains patent and trademark registrations in the US and abroad.

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