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Questions tagged [pct]

Questions related to The Patent Cooperation Treaty based applications.

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Regarding the impact on patent rights after responding to OA (Office Actions) for family patent applications in multiple countries

I would like to seek advice on a matter. For a patent to be protected in multiple countries (such as the IP5 countries), a common strategy involves submitting a PCT application based on the priority ...
Jam's user avatar
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I am not in the US. Do I really have to undergo USPTO Patent Center eFiler verification to view the status of my PCT priority application?

I submitted to USPTO last month an application for the national stage application of a PCT patent. I created my MyUSPTO account, generated my datasheet with their system, submitted all the necessary ...
RAKK's user avatar
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For a foreign language PCT application in US national phase, is it necessary to hire an officially certified translator?

I have a PCT application that recently entered national phase, and I am now seeking its registration in the United States. This application was originally filed in Spanish, therefore I'm going to have ...
RAKK's user avatar
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When/how to change the title of an application at the international stage?

A US provisional was filed, then a non-provisional and PCT were filed within 1-year of the provisional. The non-provisional and the PCT applications include a typographical error in the title. The non-...
Michael P's user avatar
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Applicant/inventor address change right before PCT national phase entry

I have filed a PCT application with International Bureau of WIPO almost 30 months ago. Now I want to enter the national phase in the US, the UK and Canada. I am the sole inventor/applicant and I'm not ...
RNo's user avatar
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Are provisional patent applications made public when a PCT application that claims priority to the provisional is published?

Let's say I file a US provisional on 6/1/21. On 5/1/22, I file a PCT in the US receiving office that claims priority to the provisional filed on 6/1/21. On 12/1/22, the PCT application is published, ...
jordanpg's user avatar
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Positive ISR and subsequent strategy to broaden claims

I receive a positive ISR (i.e., novel and inventive) for what I thought was rather broad claims. What is the best approach to prosecute broader claims in view of the positive ISR (assuming no added ...
bondonk's user avatar
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Approx after how many days after getting Notice of Recordation, patent will be visible to public

On the website https://patentcenter.uspto.gov/ search by PCT results with a following error message Sorry, the entered PCT Number 'PCT/US2023/XXXXXX' is not available. The number may have been ...
Amruth A's user avatar
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2 answers
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Do i need a patent attorney for filing a patent when the invention is very simple?

I read everywhere that it is recommended to let a patent attorney create the patent description and file it for you. But patent attorney's are also very expensive. It would set me back about 8000 euro'...
Maurice's user avatar
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Refiling PPA of a non-disclosed invention after 12 month - are any changes required?

Let's assume I have missed the 12 month term and haven't filed neither regular patent nor national patents via PCT. The invention was disclosed only under NDAs during that time. Is it legal to just ...
user1876484's user avatar
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Utility vs Design Patent as fast mean to secure IP rights

I want to apply for a regular patent of a simple static mechanical device (no moving parts). It's design is dictated mostly by its functionality. Most changes to the physical appearance of the device ...
user1876484's user avatar
1 vote
1 answer
64 views

U.S. provisional application followed by a PCT application (in China, U.S. etc)

Before investing into a regular national patents via PCT (in China, U.S. and other countries) I would like to test the commercial potential of my invention. To this end I might utilize U.S. ...
user1876484's user avatar
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1 answer
90 views

Circumventing non-entry into national phase

I've got a client with some PCT applications who decided not to enter into national phases when it was timely, and now is having second thoughts. Two questions arise: If the 30-month national phase ...
jeremy_rutman's user avatar
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1 answer
55 views

How can I see whether an international patent application was filed under the Patent Cooperation Treaty (PCT)?

Given a patent application filed internationally, e.g. https://patents.google.com/patent/GB2571811A/, how can I see whether it was filed under the Patent Cooperation Treaty (PCT)?
Franck Dernoncourt's user avatar
1 vote
1 answer
75 views

PCT application: published vs. granted

I am tracking a PCT patent application on patentscope.wipo.int. Under the 'National Phase' tab, the 'National Status' is published and granted in Country #1, but only published in Country #2. Does ...
KAE's user avatar
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1 answer
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Can I rescind nonpublication request and apply for PCT?

After 4 years prosecution, our USPTO application was allowed. We filed with a nonpublication request.Our patent was not published yet. At the time of filing we had no intentions of applying for ...
Ricardo Arnedo's user avatar
1 vote
1 answer
151 views

Is it worth to submit informal comments on the written opinion of the International Searching Authority?

As per the PCT Guide, the purpose of such informal comments is to give the applicant an opportunity to rebut the written opinion of the International Searching Authority in the event that ...
Raul Alvarez's user avatar
1 vote
1 answer
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Should I abandon a PCT application if the results of the international search report (ISR) are negative?

IS there any way to convert the report into something more positive? Should I apply for national patents even if the ISR is negative?
Raul Alvarez's user avatar
1 vote
1 answer
158 views

What are the advantages and disadvantages (if any) of requesting an early publication?

As simple as that. In the case of a PCT process: a) Is there any advantage in requesting an early publication before getting the result of the International Search Report (ISR) and the written opinion?...
Raul Alvarez's user avatar
1 vote
1 answer
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Is it okay to modify existing patent and file it?

Sorry for the dumb questions but as an engineer I am trying to file a patent myself. I was advised to copy the existing patent that is very similar to mine and start by modifying it for my own idea. ...
Chanoh Park's user avatar
1 vote
1 answer
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Is it a good idea to publicly release an idea after filling PCT application but before ISR is published?

Is it a good idea to put an idea included in a PCT application in the public domain so that it becames prior art? Is it a good idea to do so before the International search report is done? And after ...
Raul Alvarez's user avatar
1 vote
2 answers
135 views

Is it worth it to apply for a preliminary examination in a PCT process?

How does a preliminary examination report help in the PCT and patenting process? What are the consequences and advantages of international preliminary examination? Is it worth it in terms of time and ...
Raul Alvarez's user avatar
1 vote
0 answers
33 views

How to Understand CNIPA's National Interest Rules

Last month my patent was fully granted in Japan. I have only a short while longer until my PCT 30 month period expires. China is interesting to me especially for Hong Kong. I watched a video on ...
zunior's user avatar
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National phase after PCT with positive IPRP (chapter ii)

Help is much appreciated. I am a poor engineer trying to patent something on my own. I wrote and filed a US provisional application, then I wrote a PCT application and chose EPO as the Receiving ...
Ernest's user avatar
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1 answer
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Where can I find all the reference documentation for a PCT?

This means all the communications and documents submitted, generated, exchanged and issued during the international phase (PCT) and all the communications and documents submitted, generated, exchanged ...
Raul Alvarez's user avatar
0 votes
2 answers
368 views

Alerts for PCT application?

Is there a way to get alerts on a PCT application, for example through PatentScope or Google Patents, which both list it? Unfortunately, freepatentsonline offers alerts but doesn't list the ...
KAE's user avatar
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2 votes
2 answers
96 views

Questions about derivative process and abusive disclosure

So I recently filed a provisional application for an IP that is a process attached with extreme significance in bioinformatics - a data analysis process that can be used to make a health service 1/...
CPalm0025's user avatar
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1 answer
36 views

Foreign filing of a U.S. based patent before PCT or disclosure

So if I had a U.S. provisional or non-provisional that wasn’t yet published, disclosed in any way, and was not yet filed as a PCT is there anything stopping a foreign country from doing so? Say in the ...
CPalm25's user avatar
1 vote
1 answer
79 views

Can I begin sale after a provisional and before a PCT without losing IP rights?

I recently filed a provisional application. The invention is in a late stage of development in terms of bringing to market. So my question is if I were to begin sale before a PCT is filed, but within ...
Chris's user avatar
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Is it possible to claim priority from two different applications?

I have submitted two applications with different descriptions but which refer to the same concept. E.g. one application describes a substance in an oral pill form and the other application describes ...
PCT-user's user avatar
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Is it possible to remove a restrictive term in the main claim of a PCT?

The drafter of my PCT did very poor work and he put a restrictive term in the main claim of my PCT. What are my options to remove that term and expand my claim at the national phase or by amending my ...
PCT-user's user avatar
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1 vote
1 answer
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Is it possible to amend the description of a PCT to include content from a priority application?

Is it possible to amend the description of a PCT to include content from a priority application? My drafter missed important content from my priority documents to include it in my PCT. Is there any ...
PCT-user's user avatar
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1 answer
34 views

Is it possible to claim unity of invention in a European patent application, with respect to one or more other previous applications?

If I have two PCT applications that are overlapping, is it possible to merge them into one in the EU? I think in US I can use a continuation patent but what about the EU? I was told according to Rule ...
PCT-user's user avatar
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2 votes
1 answer
80 views

Is there a way to completely cancel earlier applications?

I am looking to use my UK-B application below to file a new PCT-B so that I do not have to prove novelty and inventiveness over the PCT1. 1) UK-A filed on 05/19 now withdrawn without being published ...
PCT-user's user avatar
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0 votes
1 answer
37 views

What is the prior art date of a cancelled yet published PCT?

If I cancel my now published PCT, I understand it will be prior art since it is revealed to the public domain. However, what will be the date that this cancelled published PCT will be considered as ...
PCT-user's user avatar
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1 vote
0 answers
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How can I improve a PCT?

I have applied for a national patent and then I applied for a PCT claiming priority over the national patent and then I applied for a second national patent with improved content over the PCT just few ...
PCT-user's user avatar
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1 vote
1 answer
80 views

Delayed PCT Priority Claim to US Application

I filed a PCT application in 2019. I filed a US application without claiming priority from PCT application. My PCT application is not expired yet. In hindsight only I realised, some of the claims ...
PrivateUser's user avatar
1 vote
1 answer
178 views

Information Disclosure Statement for counterpart foreign application

I filed a PCT application in 2019. I also filed a US patent application WITHOUT claiming priority from the PCT application in 2019. I received "Written Opinion of the International Search ...
PrivateUser's user avatar
1 vote
1 answer
2k views

What does "Ep: pct application non-entry in european phase" mean?

What does "Ep: pct application non-entry in european phase" on google patents mean? The PCT patent application in question is from 2012 and the last status update is, that it has been ...
Tom W's user avatar
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0 votes
1 answer
153 views

How can I file a PCT patent from Non PCT country?

I want to file a international patent from Non PCT country.But my country is a member of Paris Convention. How can I file an international patent from my country?
Abtahee Salekeen's user avatar
0 votes
0 answers
35 views

Patent overseas

I am filing a patent overseas in China. My U.S. Attorney need me to sign a power of attonery to the attonerys in China. The language in the contract states: pursuant of the relevant provisions of the ...
Anonymous's user avatar
0 votes
2 answers
42 views

Corona and Priority Rights

I made an application last year in my country, exact date is 10th April. I missed last date for PCT. In my country, some of time limits are extending because of Coronavirus situation. Has WIPO a ...
ASA's user avatar
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1 answer
38 views

What is the best way to file patent

What is the best way to file a US patent Provisional or non-provisional or PCT? We have developed novel materials and examined their utilization in the real application as well as have all evidence.
Kamel Eid's user avatar
0 votes
3 answers
63 views

Is it safe to share our published PCT Application with an Investor before entering the National Phase?

Following our PCT application process, as we enter the National Phase next month, we have been approached by a large potential investor. In reviewing potential investment, the investor has asked to ...
Farloweb Technologies's user avatar
1 vote
2 answers
353 views

Can I remove some part of the specification and drawings when entering the EPO?

I have an omnibus PCT application. It contains multiple inventions. EPO charges 14 EUR for each page in excess of 30 pages. I have used large font and line height in my PCT application for better ...
PrivateUser's user avatar
0 votes
1 answer
29 views

Is national/regional stage filing requires PCT application as filed?

I have a PCT application that has around 250 claims. It's an omnibus application that covers multiple inventions. Listed all claims just for provisional protection. If I go for national/regional ...
PrivateUser's user avatar
0 votes
2 answers
70 views

Patents that have been filed through the PCT

How do I confirm if an United States patent has been filed through the PCT ? Is there a number(cover page) on a granted patent that shows all the countries that the invention are protected in as well ?...
Curious George's user avatar
2 votes
2 answers
51 views

How to fix a dependent claim that is not of the same genus as the independent claim

When entering into a national phase in the US, how should claim X in the following example be amended? Claim 1: “A system for watering grass wherein (…)” Claim X: “A golf course comprising an ...
WhyWhat's user avatar
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0 votes
2 answers
323 views

Is it necessary for a national application to claim priority to the PCT application to get the provisional protection?

A week back, I got a very good answer regarding PCT provisional protection. I have a related question. Is it necessary for a national application to claim priority to the PCT application to get the ...
PrivateUser's user avatar
0 votes
1 answer
535 views

Can one claim priority from a PCT application after filing non-provisional?

Let's say, I filed a USPTO provisional in Jan 2019. I filed a USPTO non-provisional in Jun 2019 by claiming priority to the provisional. I'll file a PCT application in Dec 2019 by claiming ...
PrivateUser's user avatar