I filed a United States provisional patent for my invention 6 days back.

Today I discovered that a algorithm I use in the invention has its name trademarked and I have in error mentioned that name in the application.

Since a provisional patent cannot be amended, should I correct this and refile it losing 6-7 days of priority when I file the non-provisional?


There is not enough information here to inform a proper answer, but I won't let that stop me. My sense is that there is no problem unless you plan to use the trademarked name in a claim in a subsequent regular application. Don't use trademarks in claims. Provisional applications are so cheap to file that it couldn't hurt to send in another one if you're concerned about it. Also remember that a regular application, filed within one year of the first provisional filing date, could claim priority to both provisional applications.

Your Answer

