Can a PCT application be filed on a granted USPTO patent with a priority date that is less than a year ago? And if so, do national stage patents that issue from the PCT application get the same priority date as the granted USPTO patent?


Yes - The key issue is "with a priority date that is less than a year ago". The date of the grant is a non-issue.

As mentioned in a comment by OP @Keir Finlow Bates a US patent can issue very quickly. It could be a Track I or moved to the front of the queue due to age or ill health. And Yes, they get the same priority date as the US application. As @RishiM_IPR points out, priority comes from filing dates, not grant dates.

  • Okay, thanks George! I was just checking that I don't have to get the PCT application in before issue - namely that I can wait till after the US patent is published and then decide whether I want to file a PCT or not. I was concerned that the publication due to issuance would negate the possibility. – Keir Finlow-Bates Apr 10 '19 at 4:16

I was frustrated for hours with this question until I found this video. See the video at 4:19. https://www.youtube.com/watch?v=N8sskI5OzOw

  • I sorry, but link only answers are not very helpful. Perhaps if you could summarize the content of the YouTube video, it might become an acceptable answer. – Eric S Jul 26 '19 at 22:49

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