Question: Claims not checked by a patent attorney included into a provisional application

I filed a most detailed provisional application a few months ago, where I also included claims just in case I would want later to do a conversion of the provisional into non-provisional. I am talking now to investors and want to hire an attorney to check my application before I submit it as a non-provisional (I might not do the conversion after all) claiming the benefit of the above-mentioned provisional one.

Given a very detailed specification uncontested by the examiner, if the claims are correctly formulated by an attorney in the non-provisional application to be filed later this year, but were not so well drafted in the provisional one, could this create a problem upon examination? Just because I could leave out but instead did include them in the provisional application?

Answer: If your provisional specification already has everything needed to support “appropriate” claims in a non-provisional application, you should not have a problem.

 

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