Q: If you file a second provisional patent application, can it duplicate same data that was in the first?
You can file the same text from a first provisional patent application in a second provisional patent application.
If you wait past the 12 month anniversary for the first provisional patent application, it will be discarded and in many ways it will be as if the first provisional patent application did not exist.
When my clients are struggling to raise money, I sometimes suggest that they file the original text from the provisional in a second provisional application a few months after the first provisional was filed. (costs very little as the heavy lift was drafting the provisional application). If funds come in soon enough, we file a non-provisional application that cites to the original application but not the duplicate. If funds come in later, we file the non-provisional application citing the second or subsequent provisional application and not the expired one(s).
NOTE -- if you are going to rely on a second filing of the provisional application you need to be sure that there has not been a public use or public sale before the filing date of the second provisional application as that second date will be too late. Ideally you file the second provisional application before a public disclosure such as your web site so that you preserve rights to seek patents outside of the US.
I hope this helps.
Kevin E Flynn
A: The short answer is yes. As long as there are no other issues such as public disclosure. You can actually file the exact same provisional application after the first one expires as long as you realize that provisional applications cannot claim priority to any other applications so each application will get its own filing date with the one year time to file full utility starting on each filing independently.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.