withdrawal of provisional

Question

Can we withdraw provisional application after publishing of the Complete application?

Answers: 2 public & 0 private

77f6bb54dc
Patent Attorney

I agree with Steven - this is an unusual question. Are you concerned that the provisional application may eventually be published containing disclosure that was omitted from the complete application which you would like kept confidential? If so, it is not necessary to withdraw the provisional application - provisional applications do not get published.

Steven weinrieb
Patent Attorney

Your question is perplexing - 1) why would you want to withdraw the provisional - as opposed to simply let it expire after the one-year time period from the date of filing of the application? 2) Why would you publish the application after having filed the provisional application? Publication of your application destroys your foreign patent rights and initiates a one year grace period in the US to file your non-provisional application. That being said, I do not believe that you can actually withdraw a provisional as I have never done it myself - I guess that it is possible to file an express abandonment of the provisional application just like you can do with a non-provisional.

Recent questions

Do people really steal invention ideas?

I sometimes see questions on forums like Quora about how to stop people stealing your invention i...

4 5386 2
Is interpretation of known historical facts protectable under copyright law?

I am looking for useful sources on protecting copyright. I am in the process of writing a book ba...

3 6113 2
Fair Use and news feeds

What is the current wisdom on compiling news feeds on a third party website so far as copyright i...

1 3961 0
Looking for good patent firm

How to find a good patent firm to help me apply patent in USA

3 4319 2
What constitutes 'prior disclosure'?

This might be a silly question but I’m a bit confused by ‘prior disclosure’ as it applies to pate...

2 4823 1

Do you have a question about your invention or intellectual property?
Search the questions below or post your enquiry to one of our experts via Directory.
(User questions are no longer posted publicly on this page.)