z*********h
发帖数: 133 | 1 I heard that some attorneys discourage people from writing claims in
provisional patents. What is the reason for that? And if I write a claim in
the NPA, can I amend the claim in my RPA? | p***e
发帖数: 472 | 2 No, you cannot add new matter in later-filed NPA that claims the priority of
RPA.
I personally think the only reason for RPA is that you can get extra 12
months to evaluate/determine if it is worth filing NPA. Also, PRA cannot
include claims.
in
【在 z*********h 的大作中提到】
: I heard that some attorneys discourage people from writing claims in
: provisional patents. What is the reason for that? And if I write a claim in
: the NPA, can I amend the claim in my RPA?
| z*********h
发帖数: 133 | 3 Sorry I confused the terms PPA, RPA and NPA in my original post.
I guess what you mean is that 1) a PPA cannot include claims; 2) NPA or RPA
cannot claim the priority of something not in the PPA.
On 1): I saw some patent attorney include very broad, unobtainable claims in
PPA, and argued that some foreign countries do not accept PPAs without
claims as priority document. Does that make sense?
On 2): Suppose the material was included in the body of my PPA, and I had
some claims in the PPA. Now whe
【在 p***e 的大作中提到】
: No, you cannot add new matter in later-filed NPA that claims the priority of
: RPA.
: I personally think the only reason for RPA is that you can get extra 12
: months to evaluate/determine if it is worth filing NPA. Also, PRA cannot
: include claims.
:
: in
| i****y
发帖数: 5184 | 4 RPA = regular patent application？ why it can‘t include claims？
answers to your questions, both are yes
For provisional application, no claim is needed, but doesn't hurt if you
throw in some. The claims
themselves are considered as disclosure as well. When you file non-
provisional, you can amend spec
and/or claims, as long as no new matters are added.
The nice thing about provisional is it gives you an earlier domestic filing
date, while you don't have to
shorten your patent term.
RPA
in
claims
【在 z*********h 的大作中提到】
: Sorry I confused the terms PPA, RPA and NPA in my original post.
: I guess what you mean is that 1) a PPA cannot include claims; 2) NPA or RPA
: cannot claim the priority of something not in the PPA.
: On 1): I saw some patent attorney include very broad, unobtainable claims in
: PPA, and argued that some foreign countries do not accept PPAs without
: claims as priority document. Does that make sense?
: On 2): Suppose the material was included in the body of my PPA, and I had
: some claims in the PPA. Now whe
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