In a scenario where:
a. NP (of invention "1001") is first filed in a foreign country (non-US Country, on 1 Jan 2017) and then a PCT is filed(on 31 Dec 2017), when will patent life begin for invention "1001" in The US?
b. If NP was filed in The USA itself (of invention "1001", on 1 Jan 2017) and then the application is filed for PCT (on 31-Dec-2017), when does patent life for invention "1001" begin in this case?
As per my understanding,
the normal flow till national phase is this:
Provisional/NonProv -12months->PCT-6months->WO Publication->12 months -> national phase
and, normal NP flow is this:
NP -> 18 months -> Publication(open for objection)-> 18 months ->Patent granted
My scenario then becomes:
a. If my NP was 1st filed in a foreign Country(Non-US), what would be 1st filing date considered for patent life - NP filed in foreign Country or NP filed in the US
b. If my NP was 1st filed in US , then PCT was applied, - will it re-enter a national phase and from that moment wait for 18 months for US publication of my invention? And when will patent lifecycle begin in this case?
Also, my understanding of royalty and patent life is that:
20 years life of an invention begins from the date of it's non-provisional application, but it's royality period begins from its first filing date of PPA, equivalent foreign PPA, given that the PPA/equivalent PPA later gets granted.
Please assist me.