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July 24, 2023
John Rizvi, Esq.

What if I Miss the Deadline to File for a Nonprovisional Patent After My Provisional Expires?

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Our next question comes from Ashanti. Ashanti's question is what are my options after I miss the 12 month patent pending stage paperwork? Okay. Oh boy, that's, I hate the questions where the news is bad news. So this is going to be a bit of bad news for Ashanti, the the there's three types of patents, a utility patent, a design patent and a plant patent. Right, those briefly go to utility, design. And plant. These are the three types of patents. Of course, if you can't read this, it'll be in the chatbox as well. The type of patent that Ashanti's talking about are one of the two types of utility patents. And there's two types. There's a provisional utility patent and a non provisional utility patent. So the provisional utility patent and I'll just refer to that here as a provisional patent application PPA. But Gaby, please write, write it out fully in the chat provisional patent application is a type of patent that is good for one year. And as long as you file the corresponding claims or the non provisional patent at the end of the year, you are given the benefit of your filing date, and you can beat somebody else who's filed anywhere within that year. So Ashanti's question was, what happens if you miss that one year deadline. And this is where I say that it's going to be bad news. If you miss the one year deadline, you've lost that earlier date. And now you do have a risk than anybody else that has filed an application during that one year. They can trump your rights and proceed with the idea without getting your permission without paying your royalties without licensing it from you without buying it from you. So you absolutely want to not miss that one year date, you want to get that provisional patent filed. But then make sure you file the non provisional before that one year is up. So I'm sorry for the bad news. But you've lost that date. By the way, that doesn't mean that somebody necessarily has filed so wouldn't give up on the idea. Just because you've lost that date. If you're working with a patent attorney, speak to them and they can still file the application as long as your idea has not been publicly disclosed for more than a year. So some of that's a little more technical. But if you have questions, Gabby's you want to put our 800 number up, it's 877. Patent professor, just call our office and you'll be able to schedule an appointment we can look into whether you can still file an application, even though you missed that date.

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At the law offices of John Rizvi, P.A. - The Idea Attorneys®, we have dedicated our practice exclusively to securing and preserving the intellectual property rights of our clients, including patent, trademark, copyright, trade secret, unfair competition, and franchising matters.
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