In reference to the patent: WO1998038266A1, is this process patented in all the countries, around the world? Or just in China and USA? I'm planning of using this in India. Do I have right to use this? Will my usage be legal? Please respond. I'm in a dilemma, whether to use this or not. Thankyou.
4 Answers
The instant application entered National Phase in Australia and Canada. It lapsed in Australia https://www.ipaustralia.gov.au/patents, was a dead patent in Canada (http://www.ic.gc.ca/opic-cipo/cpd/eng/search/number.html) by 2002-02-26 (status as per search sites of both the countries). The technology could have been exploited in any other country of the world (including India which was excluded right from WIPO stage) if thought useful by anyone. To me the important aspect of this question at present is: i)how to find out status of a particular WIPO patent application (e.g. WO1998038266A1) in any country, ii) whether the said application will moot patent infringement in a particular country. The simple steps to answer of these are: Go to WIPO patent search (https://patentscope.wipo.int/search/en/search.jsf), open field combination under search button- enter application number- click National Phase button and you know the countries the application entered national phase. One can know the application status from 'patent search site' for a country. Any country not mentioned in WIPO application is excluded from the beginning. Countries not entered in National Phase are also excluded. Excluded countries are happy domain for exploiting knowledge put in public domain.
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This would be an even better answer if you provided actual links to the sites referenced and even perhaps a screenshot clarifying the directions. If you make those improvements, I'd happily up vote.– Eric SCommented May 18, 2017 at 15:46
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@ Eric Shain. I am sorry that I did not provide those information. Edited my answer for the purpose. It was first my attempt to upload screenshot. I am not sure of being successful as there was no indication to that effect. Any suggestion will be appreciated. Commented May 18, 2017 at 18:06
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I find the best way to load images is to save them to my desktop and then drag it into the add image dialog.– Eric SCommented May 18, 2017 at 19:12
Designated countries for this patent: AL AM AT AU AZ BA BB BG BR BY CA CH CN CU CZ DE DK EE ES FI GB GE GH GM GW HU ID IL IS JP KE KG KP KR KZ LC LK LR LS LT LU LV MD MG MK MN MW MX NO NZ PL PT RO RU SD SE SG SI SK SL TJ TM TR TT UA UG US UZ VN YU ZW
Designated country codes ... India is IN
http://ip-science.thomsonreuters.com/m/pdfs/dwpicovkinds/wipo_codes.pdf
So it appears that the patent can not be enforced in India.
If this answer helps please mark it as answered.
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Has this application actually issued as a patent in all those countries? If not, it isn't in force in any of them.– Eric SCommented Mar 18, 2017 at 14:00
This is a patent application and evidently not yet a patent. I searched on Espacenet and didn't see any links to approved patents. It was filed in February of 1997 which is a remarkably long time to remain an application. Perhaps the more expert patents searchers on this site can confirm the lack of an issued patent.
This PCT application actually entered only Australia and Canada. It has lapsed in Australia and is "dead" in Canada. Not all national entries are visible through the WIPO page. By saying that I mean that only patent offices which cooperate with WIPO share their data. If someone is interested, e.g. in Saudi Arabia, he should make a search there or ask someone from that country to run a search.
