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July 11, 2023
John Rizvi, Esq.

Can I Refile a Provisional Patent Application After It Expires? Can a Provisional Be Filed Twice?

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If the patent application did not have a favorable decision the first time, can it be refiled to obtain a patent?

Yes. But it's not really refiled. And, you know, most patents, this is called prosecution. Most patents, once you file the application, it's assigned to an examiner, and the examiner reviews it. And typically they'll find other patents that they believe might be in conflict, and they will issue what's called an office action. So this office action is basically an opportunity for the inventor to explain through his attorney, how his idea is better or different and distinguish it from this other reference. So it's not it's not refiling, but it's part of the process. It's—you file the application and then you're given an opportunity to clarify your position.

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