Q: We filed a provisional for our son around June 2016 based on his school science project, can he still file for Patent?
His provisional was based on the science project he did during his middle school using LIDAR sensor and was appreciated in the synosys science fair. We might have crossed the one year rule of filling the patent after filling provisional, please advise.
A:
No.
In patent law, missing some deadlines can be easily corrected, for other deadlines, it is difficult to correct, and for some deadlines, it is not possible. Unfortunately, missing a filing deadline to claim priority to a provisional patent application falls into the last category. Sorry.
If your son missed such a deadline, he could file another patent application (such as a non-provisional), but he just would not be able to claim priority to the provisional that lapsed. Many inventors do this. The problem in your son's case is that whatever was disclosed in the science fair would be considered prior art against his patent application. He would have to find a way of showing that his claims are novel and not obvious over what was disclosed in the science fair.
If your son's invention is valuable, he could present his invention at a more prestigious venue, or publish it in a journal or trade publications. Such presentations or publications will be an excellent addition to his future college application. (I realize that you likely already know this, but I am just trying to cover all bases)
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