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suarezvictor

Junior Member
Hi.
I have a patent I recently filed in Argentina.
I'm in doubt if claims are well written.
I think I can file a provisional patent in USA if the patent gets rejected but nobody to the time invented the same thing.
I want to know if I can file the provisional patent or a priority one without going to USA or having an attorney (i don't have much money)
Please comment if there is a risk of filing a provisional patent and then claiming prority for the original filed patent in Argentina.

Thanks.
 


divgradcurl

Senior Member
Hi.
I have a patent I recently filed in Argentina.
I'm in doubt if claims are well written.
I think I can file a provisional patent in USA if the patent gets rejected but nobody to the time invented the same thing.
I want to know if I can file the provisional patent or a priority one without going to USA or having an attorney (i don't have much money)
Please comment if there is a risk of filing a provisional patent and then claiming prority for the original filed patent in Argentina.

Thanks.

You can file a patent in the U.S. without traveling to the U.S. or engaging a U.S. attorney, although it may be helpful to do so.

Provisional applications cannot, however, claim priority to a foreign patent or patent application. You would need to file a nonprovisional application under PCT rules (patent cooperation treaty) in order to claim priority to a previously-filed foreign application.

This can get quite complex -- it may be worthwhile discussing this with a local practitioner who has experience in such filings.
 

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