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Questions tagged [pct]

Questions related to The Patent Cooperation Treaty based applications.

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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 ?...
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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 ...
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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 ...
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31 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 ...
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Is there any consequences if I don't amend claims properly before the PCT deadline?

PCT application claims can be amended one time via Article 19 and 34. From my understanding, one can amend claims in the national phase. So what is the point of having limitation in PCT? In US, one ...
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What is the proper way to file both USPTO and PCT application?

I have two USPTO Provisional Applications. I'm about to file a USPTO non-provisional by claiming priority to those two Provisionals. I'm also planning to file a PCT application. The specification, ...
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1answer
38 views

How long it would take for PCT to publish the application if I request early publication?

To quote this page The IB will do its best to publish the international application as soon as possible after receipt of the request for early publication, provided that any necessary fees have ...
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26 views

Can one change claims when applying a national stage application using a PCT application?

My PCT application has more than 100 claims. I wanna have the strongest protection possible in some countries whereas in others I need some limited protection. [I don't want to waste too much money ...
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0answers
27 views

Can an Appendix to an insurance policy be patented as a novel invention?

Can an Appendix to an insurance policy be patented as a novel invention? I have filed a PCT application that came back with the search report indicating that every claim considered Novel, Inventive ...
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1answer
38 views

PCT application: when is the last chance to file divisional applications?

Overview: I have several related inventions in a slowly emerging industry. Goal of minimizing upfront cost: I'm trying to preserve an early priority date while minimizing/delaying upfront cost as ...
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51 views

Can a PCT application be filed on a granted USPTO patent with a priority date that is less than a year ago?

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 ...
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40 views

PCT International filing

Filing a patent application with USPTO, and the same day filing the same patent application internationally (PCT); does it entitle to a fast response? I've seen a case receiving the first Office ...
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Sharing and uploading full-text patents [duplicate]

I am the inventor of a European patent. Am I allowed to share the full-text (PDF) of such patent and to upload it online, for example on ResearchGate.net? Or does the patent have some sort of ...
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35 views

Restrictions on PCT filing based on nationality and residence

I am a UK citizen resident in Finland, and I have recently filed a utility patent application with the USPTO (one month ago, in fact). Can I now file a PCT application with the UK Patent Office, ...
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141 views

Can text from a provisional application be added to a PCT application after the PCT application has been filed?

Can a text omission from a provisional application be considered as a new subject matter when submitted for amendment during the chapter 2 of the PCT application?
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60 views

Is PCT application content/format should be exactly as the field national application?

I am from Qatar and planning to file a patent application at national level, then a month later to file a PCT application for the same patent. I was told that the national level approval will take ...
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1answer
248 views

Patent term for PCT claiming priority to US non-provisional

I am so confused in a question and need your kind help. If I filed a PCT case on 2018/1/1 claiming priority to an US non-provisional (US1), which was filed on 2017/1/1. Then, if the US national ...
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2answers
108 views

If the 12 month window for PCT application is missed, is all opportunity lost for foreign patents?

If the 12 month window for PCT application is missed and the patent has no new material since priority date, is there no way to apply for foreign patents? I misunderstood the timing guidelines and ...
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1answer
53 views

Am I getting a response for Rescission of Previous Nonpublication Request?

I filed a US patent using EFS-Unregistered on June 1st, 2018 with request not to publish. I filed the related international ePCT on June 4th, 2018. I understood that I would need to rescind the ...
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68 views

to patent world wide or is one country good enough?

If my patent is published in U.K. how much time do I have to file the same patent in other countries? Why would it be a race to file in other countries anyway?
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1answer
457 views

How do I withdraw PCT application and refile later?

I have PCT and non-provisional US patent applications filed on the same invention. I will have to withdraw and later refile the PCT application due to inability to pay the filing fees at this time. ...
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1answer
50 views

UK patent, early publication risk for PCT?

The UK offers 'accelerated publication', aka early publication. Will a publication of a UK national patent, after for example 9 months, pose any risk for a PCT application based on this patent, ...
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2answers
348 views

I have patent applications for the same invention in different countries. Can I choose which application to use as priority for a PCT one?

I have a US non-provisional that claims priority to a provisional one. It is not published yet but its priority period has expired. I also have a pending Australian provisional application for exactly ...
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5answers
110 views

Strategies for minimizing early cost while maximizing future options with PCT application?

My basic question is: to which degree can an imperfectly written but substantially complete PCT application still be upgraded/fine-tuned (by a good attorney) in the first couple of months after filing?...
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1answer
31 views

Do PCT Third Party Observations count against TPO limits at Receiving Offices?

Patent offices offering third-party observations/submissions generally impose a limit on the number of TPOs than can be filed anonymously. Do PCT TPOs count against this limit? This article seems to ...
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filling US application to PCT

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 ...
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1answer
275 views

publish date vs priority date in pct countries for novelty purposes

I filed a provisional patent application "PPA" on January 1st, 2017 with the USPTO. Then I missed the 12 month deadline to file in the PCT to preserve my international rights in those participating ...
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3answers
1k views

WIPO patent filing vs US patent?

After doing a bit of research on the different types of patents that are available, and what it would cost to get patents in multiple countries, it is a mystery to me why anyone would bother with ...
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1answer
273 views

Can a PCT application, filed with piority, be withdrawn and refiled, and retain the original, now lapsed, priority?

I have filed a US provisional patent application last year. I filed a US non-provisional and PCT applications within the 12 month limit of the provisional and claimed the provisional as priority. The ...
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0answers
204 views

PCT with US RO — how to file the IDS?

Last month I filed a PCT application with the US as the receiving office, using EFS-web. I uploaded everything (I think) correctly and paid my microentity fees. I want to now file an information ...
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2answers
122 views

Estoppel from international phase amendments

In a PCT filing, is there any estoppel effect of arguments presented during the international phase (under art 19 or art 34) on national phase filings?
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1answer
298 views

Can you claim internal priority with the PCT?

My initial reaction to the above question was yes. However, consider the following - if DE, JP and KR have problems with earlier applications, is the second PCT considered to supersede the first? Does ...
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2answers
651 views

Filing with PCT first before any national application

Is it possible to file with PCT without filing for a national application first? My search on the web so far indicates yes, but the recommended route is to file a national/regional application first ...
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33 views

Finding russian document of PCT-application

Assume I have the number of a PCT application (example). How do I find the russian document? In the linked example it does say, however google doesn't link the russian version and entering the WO ...
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1answer
46 views

Can I file new patent, copy of patent I filed couple of years ago, as I missed PCT for few countries

I had filed a patent earlier in India and have got the patent granted from one country through PCT. At that time I had selected only one country and I have missed the PCT deadline. Can I refile a new ...
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2answers
614 views

Is 12-month Paris Convention priority claim deadline extendable?

This question asks if a priority claim under the Paris Convention can be made after the 12-month deadline, and the accepted answer is 'no'. However, I wanted to ask again if this is really the case. ...
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1answer
81 views

Are International Search Reports/Written Opinions useful?

ISR's are non-binding preliminary opinions on the patentability of a PCT application. The 'non-binding'ness is in part due to the slight heterogeneity of standards for patentability in each country. ...
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1answer
36 views

Mentioning legally PCT in an agreement

I have a PCT application with a publication number and I would like to know how I can mention my patent "legally" in a business agreement if my patent is not yet entered the "National" stage in any ...
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1answer
189 views

When do provisional rights arise for a PCT application?

A patent holder in the USA has filed for a PCT for their invention. We have found that we we can’t sell a product that would infringe the US IP in the USA. However, are we able to continue selling ...
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34 views

Is Prazza the patent owner or licensee

In reference to the patent: WO2015152722A3 Is prazza inc the patent owner or the licensee?
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24 views

How can I protect a national patent abroad if I have missed the deadline for an international (PCT) application?

My father has a patent, registered about 10 years ago, but only in our home country - he has never made a PCT filing. Now, a company from another country is interested in that technology. How can we ...
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808 views

Cheapest way to extend the time of provisional patent application

I am a Australian sole inventor who has filed a US provisional patent application with another attorney last year in June. I'm coming close to the time where my 12 month period is going to expire (...
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1answer
474 views

Do you have to amend claims lacking novelty or an inventive step

If I file a patent application and it turns out some of my claims are lacking novelty, or an inventive step, do I need to amend those claims in order to comply with PCT Article 33(2) or PCT Article 33(...
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1answer
112 views

What MUST be included in US non-provisional and PCT first filing, what can be added in amendments?

Writing the applications on my own, five weeks until the one year on my US provisional runs out. Asking what must absolutely be included in the US non-provisional/regular patent and PCT applications. ...
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297 views

patent life of a PCT application and royality thereof

In a scenario where: a. NP (of invention "1001") is first filed in a foreign country (non-US Country, on 1 Jan 2017) and then a PCT is filed(on 31 Dec 2017), when will patent life begin for invention ...
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531 views

Amendments that can be filed at the same time as entering U.S. national stage?

What amendments can be filed at the same time as entering U.S. national stage? I know that the claims can be amended, but is it possible to file amendments for the descriptions/drawings at the same ...
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75 views

Can a product patented in US be manufactured in India

If a product in patented in USA but not in India, can we manufacture the same product in India. If we can manufacture then What could be the implications? Because India and USA both comes under ...
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465 views

Number of claims in PCT application

In US system, continual application can be fired to add claims later, so the number or the claims in the US application are not that important, because it can be fixed. But I don't know whether that ...
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1answer
91 views

What does it mean to 'recapture' information from a PCT application?

We have filed a US patent application for use of our tech in/on/attached to a laptop. However, we now want to adapt this filing to claim the use of this technology built-into a laptop. A subtle change,...
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1answer
228 views

Patent. What is the paris convention What are the principal features of the paris convention?

What is the paris convention and What are the principal features of the paris convention?