Q: Does the following mean the priority date is Aug 9, 2014? Anyway to get a copy of the provisional?
"This application is a continuation-in-part and claims benefit of U.S. patent application Ser. No. 14/821,555, filed Aug. 7, 2015, which is a non-provisional and claims benefit of U.S. Provisional Application No. 62/035,412, filed Aug. 9, 2014, the specification(s) of which is/are incorporated herein in their entirety by reference."
Would this mean anything in the public domain prior to Aug 9, 2013 would invalidate the novelty requirement?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
Yes, your understanding is correct. Breaking this down:
- The application claims priority and benefit back to a provisional application filed on August 9, 2014.
- This establishes August 9, 2014 as the effective priority date for assessing patentability, including the novelty requirements.
- Anything disclosed in the public domain (e.g. published documents, products, uses) before August 9, 2014 could be considered invalidating prior art against this patent application.
As for getting a copy of the provisional application, unfortunately provisional applications do not publish. They were never examined or published by the USPTO.
However, you can try requesting a copy directly from the inventor/assignee if needed. There is no guarantee they would provide it, but it's possible if necessary for your analysis.
In summary – you have correctly identified August 9, 2014 as the critical priority cut-off date based on the cited relationship to the earlier provisional filing.
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.
