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Lets say i come up with a new improvement to my invention and want to file another PPA and tag it on my old one. If i only include a drawling but no claims, am i protected at all? If Someone try to infringe could i successful argue in court?

DeusIIXII
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  • What do you mean by "tag it on"? There is no way to add matter to a provisional once filed. You would need to file a new one which stands alone. Moreover, what do you mean by protection? Because a provisional itself can never give you any protection, regardless of its contents. – Maca Jul 03 '17 at 03:49
  • Sorry i meant make another with the improvements.... But what do you mean a PPA give no protections? I thought you could have a little protection to shop your idea around for a ywar with a ppa – DeusIIXII Jul 03 '17 at 04:09
  • A provisional gives you no rights itself. It merely gives you a year to decide whether to file a non-provisional, and a non-provisional (if granted) will give you protection. So if someone happens to infringe on your invention which is covered only by a provisional, there is nothing you can do. – Maca Jul 03 '17 at 07:25
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    I think you're using protection in two different ways here, @Maca is right (of course) with saying that you cannot sue someone with a provisional, but a provisional does "protect" you against other people filing for the same invention - and, partially, against losing your right to a patent due to public disclosures. However, concerning that, I recommend reading this question: https://patents.stackexchange.com/q/17337/18033 –  Jul 03 '17 at 07:35
  • Which should actually answer your question btw. –  Jul 03 '17 at 07:36
  • While there is "nothing you can do" legally to stop infringement before your patent is issued, you can certainly advise them of your "patent pending", for whatever leverage that might give you, as of the day you file your PPA or become aware of their activities. – Upnorth Sep 26 '17 at 16:33

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