This is a great question. You cannot "update" a provisional patent application, but the strategy for you is to file another provisional patent application. Thereafter, when you convert the originally filed provisional by September, 2013, you will need to claim the benefit of both of the provisionals. Please contact a patent attorney to go over the strategy in more detail. Also check the links below to see if they answer any of your other questions.
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In addition to Mr. Malek's accurate response, I might add that any new previously-undisclosed material that you add in a new provisional will have an effective filing date as of that second new filing date. As a result, you should have a patent attorney look at your original provisional to evaluate whether it is possible to integrate your new functionality into the original disclosure in such a way that any eventual claims can still be supported by the original disclosure. It is tricky, so call a patent attorney.
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You are not able to update an existing provisional application. You will need to file another provisional application or a non-provisional application with your updated information.
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As my colleagues have said, you can't update a provisional application. Instead, you can file a new provisional application, and when you file your corresponding non-provisional application you claim priority to both provisional applications. The subject matter supported by the first provisional will have the 9/2012 priority date, but the newer subject matter will have the second provisional's filing date.
That being said, you are almost at the 1-year expiration of your 9/2012 provisional application. Rather than filing another provisional application, it is probably a lot more efficient to get your non-provisional application prepared right now and include the new disclosure in the non-provisional application.
(949) 390-2717 - Of course there's more to it! Plus, we don't have an attorney-client relationship. This brief comment is for information only, and must not be relied upon as legal advice.Ask a similar question
You don't update, you file a new provisional. You would keep the 09/2012 date as to all that is in the application filed on 09/2012 but not as to anything new. And, YOU have a fool for a client if you are your own attorney. This is work that should only be done by a registered patent attorney. Do it yourself and you will waste your money and end up with nothing worthwhile. Don't delude yourself into thinking you can do this properly yourself.
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