Legal Question in Intellectual Property in Florida

I apply for a provisional patent. The year terms comes to an end. Can I re-apply for the same provisional patent knowing that the date of primacy is not the original date but the new date of application?


Asked on 6/14/11, 3:59 pm

1 Answer from Attorneys
Clifford Hyra Hyra IP, PLC

Yes! There is nothing stopping you from filing a new provisional patent application for the same subject matter as a previous provisional patent application that was allowed to expire. Your earlier application will not prevent you from getting a patent. However, as you note, you will then lose your original filing date and will have to rely on the date that your new application is filed.

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Answered on 6/14/11, 5:08 pm


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