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I am trying to understand WIPO filings. It appears that they give the right to file patents in multiple countries more easily, but don't constitute an international patent. If a WO numbered patent with EP granted status does not show a US patent number, does that mean the patent was not issued in the US as well. The EP patent was granted in 2010, does that preclude now filing in the US? Thank you! https://patents.google.com/patent/WO2010012434A1/en

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  • Is there a reason why you didn’t specify the patent number?
    – Eric S
    Feb 4, 2021 at 19:51
  • Apologies, it has been added.
    – James
    Feb 4, 2021 at 20:10
  • Yes. That's what it means.
    – DonQuiKong
    Feb 4, 2021 at 20:33

2 Answers 2

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The time window for entering into the US national phase is long gone and the applicant did not enter it so no protection for that invention is possible now in the US.

As for the European patent, it was granted on September 2016 but it was directly filed as European patent, i.e. it is not the entry into the European regional phase from the PCT. A non-exhaustive list of countries where the European patent has been validated and is in force can be found here. Protection conferred by the European patent only exists in those countries where the validation formalities have been completed and the respective annuities are paid every year.

In the first link above you can review the prosecution history of the European patent, including the possible existence of oppositions to the European patent (none filed in this case).

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There is no such thing as an international patent. Every location has its own patent laws including its own methods of enforcement. A PCT application, administered via WIPO, is an application simultaneously to about 150 jurisdictions. After 30 months (31 in some places and somewhat extendable in some places) it is too late to continue the applications into the National Stage in specific places.

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  • Perhaps this answer could be extended. The OP seems confused about the difference between an application and a patent hence the incorrect usage of the term granted. Describing how to determine the status of the linked document would help.
    – Eric S
    Feb 4, 2021 at 22:43
  • I appreciate the effort. I personally find parsing the status of EPs challenging so I’d love to learn more.
    – Eric S
    Feb 5, 2021 at 15:10
  • @EricS You should check the European Patent Register for that. One of the links provided by Google Patents is the Register for the application/patent shown. Feb 5, 2021 at 17:09
  • @theEuropeist I still find that site confusing. If you follow the link to Espacenet and look at "Legal Status" there is no indication of a patent grant. If you go to Global Dossier, there is a link to EP214377B1 which looks granted. All in all, I get confused understanding how to definitively determine the invention's status.
    – Eric S
    Feb 5, 2021 at 18:34
  • @EricS Ah, yes, 'Legal status' is not very helpful in that regard. I agree. You need to figure out the situation of the application/patent from the 'About this file' page. The publication row shows the existing publication but the patent could have been revoked, and for that you have to review the following rows as well. The EPO should inform about the status in a simpler manner, right now it is confusing. Feb 5, 2021 at 19:09

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