A competitor of mine has filed a PCT application recently. They operate in Pakistan and Canada.
I would like to challenge this PCT application.
The timeline is my concern here:
- 2013-11-04: They filed a Pakistani application.
- 2014-10-16: They filed a United States application, claiming priority to the Pakistani one. It was granted quickly.
- 2015-10-13: They filed a PCT application claiming priority to the United States application, rather than the earliest one (Pakistani).
This is alarming as my opponent has not even mentioned his Pakistani application in the PCT application.
What can be done to challenge this PCT application? How can we challenge the application simultaneously in all designated countries, keeping in mind that the application is still pending?
It shall be noted that Pakistan is not signatory to PCT. Because Pakistani applicants are not eligible to file PCT applications, this competitor has shown his canadian residential address in the PCT application. The United States application has his Pakistani residential address.