What advantages are there in including the claims in the provisional?
What advantages are there in not including the claims in the provisional?
asked Jul 9 at 16:03
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1 Answer
What advantages are there in including the claims in the provisional?
If the claims are included in the provisional, it is harder for an opponent to challenge the priority on the basis that the claims are not supported by the provisional.
What advantages are there in not including the claims in the provisional?
There is potentially some downside in initially including broad claims in the provisional and later pursuing only narrower claims in a non-provisional. The implication could be that the applicant realized that the entirety of the difference in scope was likely not patentable to them and it may not be possible to invoke DOE if it would recapture some of that difference in scope.
