Question
Provisional patents are not "examined"; however, are there cases where the disclosure of a provisional patent is relied upon to assess the validity of a non-provisional patent claiming it as priority? What if the non-provisional patent claims more than what is disclosed in the provisional patent - is the non-provisional patent entirely invalid?
Answers: 2 public & 0 private
Provisional apps are not examined, and yes, if a priority date situation arises, the provisional app will be examined to see if in fact it provides priority for the subject matter being claimed in the non-provisional app. If the non-
provisional app claims more than what was disclosed within the provisional app, the non-provisional app is still valid, it simply will not be accorded the priority date of the provisional app for that particular subject matter disclosed and claimed only in the non-provisional app - the priority date, in that case, will be the date of the filing of the non-provisional app.
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