4

I have filed provisional application in USPTO about a year ago and now have prepared non-provisional application to file in US. May I file the same application (draft) into PCT or PCT has different requirements for application?

  • Could you please clarify what you mean with draft? There is no way to change an application after filing, so filing a draft isn't really a thing, unless I understood you wrong. – DonQuiKong Apr 12 '18 at 17:17
  • @DonQuiKong I think he means the document itself. – chempatent1981 Apr 13 '18 at 6:26
  • @chempatent1981 so draft not as “preliminary“ but just as “document“? That would make sense. – DonQuiKong Apr 13 '18 at 6:47
  • @DonQuiKong My assumption matches chempatent1981. – Eric Shain Apr 13 '18 at 13:29
  • Sorry for confusing you. Yes I meant the finished patent document. – panslavco Apr 13 '18 at 17:41
1

Regarding just the mechanics - the PCT is more strict on following drawing rules and they require the PDFs in an A4 size. They will usually let you/make you fix these things later if it is clear no new matter is being added.

0

Application as filed with USPTO can be filed with WIPO too. The same can be filed with Receiving Office (RO) in USPTO. Structurally there is no different requirement except number of pages without extra fees. One can make changes keeping in view requirements of National phase countries and file. One will require pct-safe filing software also. Link is given below for software. All this from first hand experience. Having said that, it is always better to engage an experienced attorney if budget permits.
http://www.wipo.int/pct-safe/en/download/download_client.html

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.