What happens if I file an inadequate Provisional patent application?
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Several things will happen if your provisional patent application does not meet the minimum content required of all patent applications both provisional and regular. There is also risk of other catastrophic things occurring.
- Permanent loss of the provisional filing date.
- Permanent loss of all US patent application protection including patent pending status until an adequate provisional or regular application is filed.
- Permanent loss of all foreign patent rights if the invention is published (by you or anyone else) or offered for sale in any way before an adequate provisional or regular application is filed.
- All publications before you file an adequate provisional or regular application can be cited against your adequate US application and possibly prevent you from obtaining patent coverage.
- Someone else could beat you to the patent office with the same invention.
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