I will file provisional patent, then publish it. Can I file PCT application after that based on US provisional priority date?

If yes, what is the maximum time I can have before filing PCT application? Is that 12 months or more?

  • Under the terms of the Paris Convention you would have one year to file the PCT from the day the first U.S. application on the subject matter was filed regardless of the type of application filed. It is the same amount of time as a U.S. provisional lasts but comes from an entirely unrelated part of the patent system. – George White Jul 10 '14 at 5:55

Yes you can. You must file the PCT claiming priority to the US provisional's filing date within 12 months from the day you file the provisional. The same is true if you also want to file a US non-provisional application (i.e., one that will be examined) based on the provisional.


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.