Questions tagged [pct]

Questions related to The Patent Cooperation Treaty based applications.

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5
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1answer
312 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?
5
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1answer
582 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(...
4
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5answers
143 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?...
4
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3answers
3k 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 ...
4
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1answer
330 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Can a PCT application, filed with piority, be withdrawn and refiled, and retain the original, now lapsed, priority?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 ...
4
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1answer
290 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 ...
4
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2answers
108 views

How to apply for a patent in the US/EU?

How to apply for a utility patent for an invention in US? What is the procedure of this process? What are any other important details? Can a US base technology patent be extend to EU? Reference: ...
4
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1answer
249 views

PCT Application

If a Provisional Application is filed in USPTO, let us say on June 01 2015 and before June 01 2016 a proper PCT Application (an International Provisional Application, this is also a provisional) is ...
4
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3answers
98 views

Patent filing via international PCT system

After filing an US application how much time should the applicant wait to file a PCT application? What are the benefits of filing early or late?
3
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1answer
105 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. ...
3
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1answer
366 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 ...
3
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2answers
877 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 ...
3
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2answers
76 views

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 ...
3
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2answers
154 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?
3
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2answers
415 views

Unintentional Delay Petition Validity - Provisional Expired b/c Embedded Font in PDF problem

Thank you greatly in advance for your time! I am a first time inventor/patent filer who had success using EFS-Web filing a provisional application. A year later, on the anniversary (3 weeks ago), I ...
3
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2answers
123 views

File Patent Internationally on Behalf of Others

I have been thinking about patenting a product that I have been developing together with a friend, and was wondering if you guys could help me out with some question: Am I able to patent something on ...
3
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4answers
272 views

What countries is this patent effective US5710377 A

In reference to the patent: US5710377 In what countries is patent US5710377A effective/protected currently?
2
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1answer
155 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 ...
2
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2answers
232 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 ...
2
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1answer
426 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 ...
2
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1answer
980 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. ...
2
votes
2answers
410 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 ...
2
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1answer
44 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 ...
2
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3answers
429 views

What is the status of this patent?

How can I figure out if PCT/AU2012/001589 is granted or not? There is a prior art case with US 2,223,561 A patented in 1939, but I don't know how to track that case.
2
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1answer
48 views

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 ...
2
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2answers
47 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 ...
2
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2answers
53 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 ...
2
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1answer
40 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 ...
2
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1answer
63 views

Is it true that a USPTO patent not safe from European companies?

All feedback is greatly appreciated. I'm a very young inventor.
2
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2answers
202 views

Does Google Patent cover all Chinese patents records from SIPO or just those who applied for PCT?

Can all patents records on SIPO website also be found from Google Patent search? Google Patent search says their patents originate from the United States Patent and Trademark Office (USPTO), the ...
2
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1answer
209 views

Can PCT application based on US provisional patent without claim?

AFAIK, US provisional patent is valid for later use even without any claim, but I heard that some countries require patent having claims. So does PCT application accepts US provisional patent without ...
2
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2answers
54 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/...
2
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0answers
396 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 ...
2
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0answers
34 views

Lost a digital copy of patent specification

I filed the National phase application on 29th Oct 2014 and PCT application on 14th Oct 2015. I lost a flash drive which contained the soft-copy of patent specification (everything related to the ...
1
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2answers
159 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 ...
1
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1answer
97 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 ...
1
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2answers
932 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. ...
1
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1answer
45 views

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 ...
1
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2answers
49 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 ...
1
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1answer
40 views

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 ...
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1answer
53 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 ...
1
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1answer
65 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 ...
1
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1answer
591 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 ...
1
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1answer
64 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 ...
1
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1answer
370 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 ...
1
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1answer
76 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?
1
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1answer
66 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, ...
1
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1answer
1k views

WO and PCT patents do they have different jurisdictions?

WO and PCT patents do they have different jurisdictions ? If the WO patent has expired, can the PCT patent still be valid? If the PTC patent has expired, can the WO patent still be valid? WO ...
1
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1answer
1k views

Deciding to apply for PCT or USPTO

It is not affordable that even micro entities like students or employees pay PCT application fee which is too high. Application fee for nonprovisional utility US patent is reasonable. Following US ...
1
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1answer
685 views

Can I file US provisional patent, and publish the invention, then file for PCT after that? For how long can it be legal?

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?...