Can someone change a product that I have a provisional patent for?

I have a question about pharmaceutical patents. If I create a pharmaceutical product with a provisional patent, can somebody add, delete, or change one of the ingredients and make it their product or am I protected because of the idea?

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Answered By: Yang & Wang, P.C.

Ask yourself, when somebody add, delete, or change one of the ingredients, does it make another novel, useful, and obvious product from your own product? If yes, then probably yes.

Answer Applies to: California
Replied: 11/4/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: DANIEL NESBITT

I recommend that you take your question directly to a patent attorney so that the details can be properly sorted out and addressed under an appropriate attorney-client relationship.

Answer Applies to: Ohio
Replied: 10/24/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Kirk Buhler

There is no such thing as a "Provisional Patent". There is a "Provisional Patent Application" that gives "Patent Pending" status for one year. Before the year ends you must file a "Non Provisional" application. A "Non Provisional" application will be examined by the patent office and might result in a Issued patent. To answer your question, Yes, someone can change a product where you have a provisional application filed. Since you do not seem to have an issued patent you do not have the ability to prevent the making use or sale of your product or a product that changes your product.

Answer Applies to: California
Replied: 10/24/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Mark S. Hubert PC

This all depends - if the changed ingredient would be an obvious substitution for the eliminated ingredient as would be known by one skilled in the art, then NO, HOWEVER if the change in ingredients is not obvious and the new ingredient does not function in the same way to obtain the same result, then YES.

Answer Applies to: Oregon
Replied: 10/24/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.