If a PCT patent was filed in lets say "Ukraine" in 2004, but the owner let it never actually got it published as a patent in a national phase(in any country)legally may I file a similar patent in the USA?


The information you are giving us is a little confusing. A PCT patent application may be filed through almost every member-state (like Ukraine), but it will still be a PCT application and published with the prefix "WO". Is that what you meant?

Is there a PCT publication, in this respect? If so, regardless if it entered a national phase or not, it still is a published application and constitutes prior art.

On the other hand, noone stops you from filling a similar patent application in the US. Whether or not you will be able to overcome objections related to this prior art is a more complex matter. You will find it in your way, in any case.

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.