provisional patent application

An application for patent filed in the USPTO under 35 U.S.C. § 111(b) that allows filing without a formal patent claim or any information disclosure (prior art) statement.  This is essentially a placeholder for a later-filed non-provisional application. The non-provisional application must be filed no later than one year after the provisional application in order to be treated as being filed on the provisional filing date.

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Tuesday Markup of Litigation Funding Legislation

Although John Squires is busy destroying the PTAB—as of last week, he has now gone 0 for 34 on allowing institution of IPR petitions he reviews—the story in Congress is more positive. Tomorrow, t...

Step 1: Destroy IPR.  Step 2: ???  Step 3: Profit.

Last week, the USPTO issued a Notice of Proposed Rulemaking (NPRM) containing major changes to the institution process for inter partes review.  Combined with other changes made by the USPTO, inc...

Capable of Repetition, But Avoiding Review—USPTO New Regulation Not Reviewed By OIRA

The USPTO has put out a new NPRM, attempting to lock in place rules that were created without going through rulemaking in the prior Trump administration. While I have a lot to say about the substance...

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