Discussion:
What is the name of your state? WA.
If I apply for a provisional patent for a table with 5 drawers and then when I apply for my non provisional patent I add a 6th drawer would this 6th drawer automatically cause a denial of my patent? Or would it be at the discretion of the patent agent?
Can I abandon my 5 drawer provisional app and go with the 6 drawer non provisional? or will the whole patent be thrown out without a chance of me getting any patent at all?
or, suppose I am successful getting the patent for the 5 drawer and go ahead and also make a version of the table with 6 drawers? will the 6 drawered version not be protected by a patent.....I think I just created a new word...drawered. LOL.
Answer:
"If I apply for a provisional patent for a table with 5 drawers and then when I apply for my non provisional patent I add a 6th drawer would this 6th drawer automatically cause a denial of my patent? Or would it be at the discretion of the patent agent?"
The reason you apply for a provisional patent in the first place is to establish a "priority date" for the invention. If you convert your provisional into a nonprovisional (or simply a file a nonprovisional app claiming priority from the provisional, which you later abandon) and then add new material -- the "sixth drawer" in your example -- only the material disclosed in the provisional application -- the first five drawers in your example -- will be entitled to the earlier priority date. The new material will be given a priority date that is the same as the filing date of the nonprovisional application. So yes, you can add new material when you file the nonprovisional, but you will not be entitled to the earlier priority date on the new material.
By "discretion of the patent agent" I assume you mean "discretion of the examiner" at the USPTO, and not the patent agent you may have hired to prepare and file the application.
"Can I abandon my 5 drawer provisional app and go with the 6 drawer non provisional?"
Yes, but you can only claim the earlier priority date on the stuff disclosed in the provisional app.
"or will the whole patent be thrown out without a chance of me getting any patent at all?"
That will depend on the subject matter of the patent, and not on any filings.
"or, suppose I am successful getting the patent for the 5 drawer and go ahead and also make a version of the table with 6 drawers? will the 6 drawered version not be protected by a patent....."
Maybe. There is a concept in patent law knownas the "doctine of equivalents" which basically means that a patent covers whatever is claimed in the patent, and its equivalents. Whether or not a 6-drawer dresser is "equivalent" to a 5-drawer dresser is a matter for the courts. Further, the doctrine of equivalents has been pretty seriously limited by the recent court decisions (Festo), so it is probably not something you should count on. In general, it is better to disclose all of the variations of your invention in your patent rather than rely on the doctrine of equivalents.
If you are not working with a patent agent or attorney, and you think your invention might be of some use or value, I would strongly recommend that you talk with a patent agent or attorney who can review your invention in detail andhelp you decide how best to approach your issues.
Answer:
"If you are not working with a patent agent or attorney, and you think your invention might be of some use or value, I would strongly recommend that you talk with a patent agent or attorney who can review your invention in detail andhelp you decide how best to approach your issues."
I was working with a patent attorney. She finished up and filed for the provisional on the 27th of last month, with photographs. I think I will email her and tell her I want to go ahead with the non provisional immediately. This way not much time is lost if they dissallow the provisional which was applied for with photographs.
Thank you for your information. From what I've read of the emails you have answered on this site your calling could very well be a consultant to patent attorneys. Frank.
Answer:
Good luck with everything. If you are working with an attorney, presumabely they filed a petition for the drawings...
"From what I've read of the emails you have answered on this site your calling could very well be a consultant to patent attorneys."
Me, a consultant? Actually, I am a patent agent, and if all goes well, I'll be an attorney later this year...