Q: Hello, I filed a patent in America but the time for me has passed to file the patent in other countries.
I just created a new version of my invention. Do I need to file a separate provisional patent for the new version and will that new version give me a fresh 12 months of international protection? Many, many thanks for the help! Hashim
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A:
Your situation is quite common among inventors who are exploring international patent protection. Creating a new version of your invention could potentially open up new opportunities.
Yes, you would need to file a separate provisional patent application for the new version if it includes substantial modifications or improvements from your original invention. This new provisional filing would indeed give you a fresh 12-month period to file international patent applications under the Patent Cooperation Treaty (PCT). However, it's crucial to understand that this new filing would only protect the novel elements and improvements specific to your new version.
I recommend consulting with a patent attorney who can review both versions of your invention and help determine the best strategy forward. They can assess whether the changes are significant enough to warrant a new filing and help you understand exactly what aspects of your new version would be protected. They can also guide you through the international filing process to ensure you meet all requirements and deadlines.
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