diverscale
Member
A provisional "patent" is nothing more than a registration system--all you do is submit whatever it is that you want and use that as a place holder while the non-provisional patent application is being drafted and filed. One would eventually claim priority to this provisional application, so that your non-provisional application can have the benefit of an earlier filing date.
What you actually have is nothing more than provisional application filed, certainly not a granted patent. There is no granting process for the provisional application as there is no actual examination being conducted. It is simply an invention registration system, like in the olden days before the creation of the patent system. Anyone can file a provisional application with absolutely any disclosure they want, and they would have in their possession a provisional application, simple as that.
Same thing goes for the PCT, it is merely an international place holder. There is no examination process for this PCT, nor a granting process. What you filed is what is published.
What perplexes me is why you claim your patent attorney advises you not to share the patent application number and such. By the mere fact that you have filed a PCT means that your US non-provisional application must be rescinded from non-publication, if you had opted to keep it unpublished at the time of filing. This means that your entire disclosure is public knowledge as it would be published in a pre-grant publication by the us patent office.
Same goes for that PCT, it is eventually published by the wipo, so I don't see why your attorney advises you to remain so secretive. Sooner or later, it's going to get published, if not already published, depending on when you filed them.
I do not mean to come off confrontational, but please stop using the term "patented" as it is extremely misleading and borderline false advertising.
About this post precisely (which I think was rude, sorry in the name of the forum, Quirt)
it is just that we've got no definitive answer to this... and I'll admit that I know so little in the field that I can't even pin-point the problem there...
My point is that it is a sub-discussion that began, and was never closed here, unlike all the other ''sub-discussions'' that this thread got and that all kinda got an answer. Again, I don't even KNOW if there is a problem here. Pretty sure that even other members of this forum have enough knowledge to close-up this subject.
And anyway for me it does not change a thing, since I already made the payment. it was 49.xx$ shipped to canada (montreal) with the code FYI you canadians. :canada:
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