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Can I fight a utility patent that's been granted
Posted by Anonymous . updated on 10/23/2009
I filed provisional patents in early 2000 on a device. I also kept descriptive information of the invention in a journal including, who I met with, dates, etc.
A patent application was recently filed by another person that is similar in context. I belive they filed a utility patent. If the inventor is granted his utility patent, do I still have legal recourse if I wished to fight? I have a journal and provisional patents that date back at least 5 years before he filed?
Thanks,
George
Answers (1)
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Sanaa T...
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Hi there,
The first query would be if you filed provisional patents in early 2000 the best recourse would have been to convert them into utility applications yourself at the end of the 1-year bar date conversion period.
Unfortunately if you miss this bar date of converting your provisional patent in to a utility patent at the end of one year; you miss having the provisional patent application filing date as your priority date.
You could have gone on and directly filed your utility patent application even after abandonment of your provisional patent application but since you did not, you may have lost the rights to contest the current patent. Provisional Patent Applications remain unreviewed by the USPTO.
Let us know if you require any further assistance you may call us at Toll-free: (877)-794-9511 Monday to Friday 9 am to 6 pm and mail us at customer.service@patentexpress.com
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