QUESTION

If my Provisional Patent Application expired on July 10 2022, should I attempt to file a Utility Patent now or another PPA?

Asked on Jul 22nd, 2022 on Patents - Nevada
More details to this question:
I have designed a fantastic stem cell product that could save terminally ill little kids lives, but frustratingly enough I had a family emergency in Florida *exactly during the time in which my PPA expired, and I could not successfully upgrade to a Utility Patent within the 1 year time window. Honestly, I didn't know it would be so hard, I thought I could just log into my USPTO and pay to upgrade an existing PPA to a Utility (I thought I could click a link and just pay a fee). Additionally, I have not been able to physically develop my invention yet, or outline the specific materials used in a component of the invention. What should I do? Can I file a Utility patent and include a bit more detail? How much will filing Utility Pro Se cost me? I can't let this great invention die! I really need help please. (I am also self-employed and don't file taxes)
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1 ANSWER

Patent Applications Filling and Prosecution Attorney serving Bellevue, WA
4 Awards
You may file either a new PPA or a new non-provisional utility patent application.  You will not be able to claim the priority date of your earlier filed PPA if you file a non-provisional application. For a micro entity,  USPTO the filing fee for a PPA is $75 and the filing fees for a non-provisional utility patent application (basic application + search + examination) total $455. As the inventor, you may prepare and file your own non-provisional application.  Because patenting formalities and procedures are quite complex, pro-se applicants very rarely obtain an issued patent from their applications.  If your invention is valuable, you owe it to yourself to obtain the funds to hire a registered patent practitioner so that you have a good chance of actually obtaining an issued patent. Many patent practitioners provide a free initial consultation, and many of these will provide a firm fixed fee quote for preparing and filing your non-provisional application.  You are not limited to patent attorneys in your geographic area.  A registered patent attorney can represent a client anywhere.  Call around to find a patent attorney who can provide you with guidance. See https://oedci.uspto.gov/OEDCI/practitionerSearchEntry to search for registered patent attorneys and agents.
Answered on Jul 25th, 2022 at 9:22 AM

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