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Under United States patent law, a provisional application is a legal document filed in the United States Patent and Trademark Office (USPTO), that establishes an early filing date, but does not mature into an issued patent unless the applicant files a regular non-provisional patent application within one year. There is no such thing as a ...
Type B - USPTO estimates the normal prosecution period of an application to be 3 years, i.e. between the date of filing a non-provisional application and the issue of the patent. If the prosecution exceeds this time, then Type B delay come into place.
Provisional patent applications can be filed with a small number of patent offices, particularly with the USPTO. In order for a US provisional application to establish a priority date for a future full (i.e. non-provisional) standard patent application, the disclosure in the provisional must be enabling.
However, patent term adjustment or extension are possible if the USPTO fails to issue a patent within 3 years after filing the full application, subject to various conditions on the applicant. [29] [circular reference] The rules for drafting and filing a patent application are set out in the Manual of Patent Examining Procedure (MPEP).
The program was discontinued by the USPTO as of February 1, 2007, in favor of filing a provisional application. The USPTO says: A provisional application for patent provides more benefits and protections to inventors than a disclosure document and can be used for the same purposes as a disclosure document if necessary. ...
Delayed response to an application request for patent. Exceeding 3 years to consider a patent application. Delays due to a secrecy order or appeal. For design patents (patents based on decorative, non-functional features), for design applications filed on or after May 13, 2015, the term is 15 years from the issue date. For design applications ...
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