0

In reference to the patent: WO2015152722A3

Is prazza inc the patent owner or the licensee?

1

Neither. Prazza BV is the applicant or owner, but not the "patent owner" or a "licensee".

This is a PCT application. PCT applications can never themselves become a patent. Because of this, it would be incorrect to call the applicant a "patent owner". Similarly, because it will never be a patent, it cannot be enforced. Because of this, it cannot be licensed, and so there cannot be a licensee.

The purpose of a PCT application is to buy the applicant additional time in which to select the countries to proceed in. In those countries, a national phase application will be filed, usually around 30 months from priority. Each of these national phase applications may become a patent, and so those may have patent owners or licensees.

0

This is only an application at this point. Prazza is the applicant and should the patent be granted, the owner (assignee).

  • As this is a PCT application, it will never grant. But I think it's quite common, and not incorrect, to talk of an application's owner. – Maca May 7 '17 at 23:03
  • @Maca Can you clarify? It is some sort of application and its intent is to become a patent. I gather there is an intermediate phase it must go through. This has always been a bit unclear to me. – Eric Shain May 7 '17 at 23:14
  • I have given my own answer which hopefully clarifies it, but if not, let me know and I'll see if I can flesh it out. – Maca May 8 '17 at 0:54
  • You could describe it as an application for more applications or a priority claim time extension. I think the point @Maca is trying to make is that the PCT doesn't grant patents so only the national authorities can grant the national applications derived from the pct application. But imho it's not so bad to talk about an PCT application beeing granted - in that case the granting would include entering the national phase and having it granted there. Another view would be to see the PCT as some kind of provisional application, it needs further processing to become a patent ;-) – DonQuiKong May 8 '17 at 14:43
  • @Maca As it is, I think my answer is still technically correct, but not nearly as informative as Maca's. Can the content change between the PCT stage and national applications? – Eric Shain May 8 '17 at 16:58

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.