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It's not really an abuse, since that's essentially what a provisional patent is: a placeholder for your future claim. It gives you a year to decide if you want
by throwawaykf05 12y ago
It's not really an abuse, since that's essentially what a provisional patent is: a placeholder for your future claim. It gives you a year to decide if you want to follow up with a non-provisional patent.
But be aware that the provisional will not do what you want... if I understand correctly, unless you follow up with a non-provisional patent, your provisional will not count as prior art. Or proof that you should be credited. In fact, it may as well not exist. That is because it is never published. IANAPatentAttorney/Examiner so some confirmation from one would be good.
Your options now are to either publish it somewhere it counts, or file a non-provisional and then abandon it. (Edit: or see it through; either way it's gonna cost something. Also remember, patent laws are such that if you only implemented it but did not conceptualize it, the PI may be the true inventor. Also, TINLA.)
Also, the "wheel" patent in Australia is something along similar lines. It's a placeholder patent that is never examined, so you can file one for whatever you want. It's only when you want to enforce it that it must be examined and proven valid.