Questions tagged [pct]

Questions related to The Patent Cooperation Treaty based applications.

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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 ...
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1 answer
23 views

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 ...
1 vote
1 answer
23 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 ...
2 votes
3 answers
466 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 votes
2 answers
159 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?
1 vote
1 answer
55 views

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 ...
3 votes
1 answer
347 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Can a PCT application, filed with piority, be withdrawn and refiled, and retain the original, now lapsed, priority?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 ...
2 votes
2 answers
81 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/...
1 vote
1 answer
41 views

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?
2 votes
1 answer
75 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 ...
1 vote
1 answer
62 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?...
1 vote
1 answer
39 views

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. ...
1 vote
1 answer
71 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 vote
2 answers
121 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 ...
0 votes
2 answers
968 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 vote
0 answers
24 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 ...
1 vote
1 answer
59 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 ...
1 vote
1 answer
45 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 ...
0 votes
2 answers
73 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 ...
0 votes
1 answer
30 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 ...
1 vote
1 answer
58 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 ...
0 votes
1 answer
24 views

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 ...
1 vote
1 answer
20 views

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 ...
1 vote
1 answer
27 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 ...
0 votes
1 answer
24 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 ...
1 vote
0 answers
42 views

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 ...
1 vote
1 answer
59 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 vote
1 answer
88 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 vote
1 answer
997 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 ...
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1 answer
70 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?
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0 answers
33 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 ...
0 votes
2 answers
40 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 ...
0 votes
1 answer
36 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.
0 votes
2 answers
45 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 ...
1 vote
2 answers
189 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 ...
0 votes
1 answer
28 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 ...
0 votes
2 answers
64 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 ?...
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 ...
0 votes
2 answers
534 views

If I file a provisional patent application, could someone else file a PCT application for the same invention during the first 12 months?

I'm working in a startup with a limited amount of investment. We'd like to file for a US provisional patent. My understanding is that after 12 months, I can upgrade to a PCT application. For this ...
0 votes
2 answers
243 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 ...
2 votes
2 answers
229 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 ...
0 votes
1 answer
156 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 ...
1 vote
1 answer
80 views

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 ...
0 votes
2 answers
196 views

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, ...
1 vote
2 answers
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 votes
2 answers
903 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 ...
2 votes
1 answer
194 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 ...
0 votes
1 answer
43 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 ...
1 vote
0 answers
28 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 ...
1 vote
1 answer
66 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 ...