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A provisional application can establish an early effective filing date in one or more continuing patent applications later claiming the priority date of an invention disclosed in the provisional application by one or more of the same inventors. The same term is used in past and current patent laws of other countries with different meanings.
The disclosure in a provisional application may, within a limited time (one year in the U.S.), be incorporated into a standard patent application, if a patent is to be pursued. Otherwise, the provisional application expires, does not get published, and does not become a prior art to other patent applications.
In United States patent law, a legal document filed in the United States Patent and Trademark Office (USPTO) that establishes an early filing date, but which does not mature into an issued patent unless the applicant files a regular patent application within one year. See also Non-provisional patent application.
Continuation. A "continuation application" is a patent application filed by an applicant who wants to pursue additional claims to an invention disclosed in an earlier application of the applicant (the "parent" application) that has not yet been issued or abandoned. The continuation uses the same specification as the pending parent application ...
United States patent law. The United States is considered to have the most favorable legal regime for inventors and patent owners in the world. [1] Under United States law, a patent is a right granted to the inventor of a (1) process, machine, article of manufacture, or composition of matter, (2) that is new, useful, and non-obvious.
t. e. Prior art (also known as state of the art[1] or background art[2]) is a concept in patent law used to determine the patentability of an invention, in particular whether an invention meets the novelty and the inventive step or non-obviousness criteria for patentability. In most systems of patent law, [3] prior art is generally defined as ...
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