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Provisional Patent Application
Posted by Anonymous . updated on 4/23/2011
I plan to file a provisional patent application in order to give my product "patent pending" status to protect it from competitors. I have 2 questions.
If I file the PPA now, and still have product on the shelf over a year from now, can it still say "patent pending" in 13 months since the PPA runs out in 12 months, considering if I do not file a formal patent application?
I am not positive my product will pass the non-obviousness test, but it might (this clause seems subjective to me) but I want the "patent pending" status, so should I just file the PPA anyway?
If it was obvious and could be sold, then it should be on the market, but it does not exist.
If I cannot get a patent, I plan to produce anyway, but it would be great to have.
Thank you.
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