Questions tagged [pct]

Questions related to The Patent Cooperation Treaty based applications.

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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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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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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?
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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: ...
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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 ...
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3 answers
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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?
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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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1 answer
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Can a PCT application, filed with piority, be withdrawn and refiled, and retain the original, now lapsed, priority?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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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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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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2 answers
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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 ...
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3 votes
2 answers
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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 ...
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What countries is this patent effective US5710377 A

In reference to the patent: US5710377 In what countries is patent US5710377A effective/protected currently?
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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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1 answer
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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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2 votes
2 answers
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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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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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1 answer
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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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2 answers
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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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2 votes
1 answer
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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 ...
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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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1 answer
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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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2 votes
2 answers
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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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1 answer
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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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1 answer
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Is it true that a USPTO patent not safe from European companies?

All feedback is greatly appreciated. I'm a very young inventor.
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2 votes
2 answers
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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 ...
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1 answer
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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 ...
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2 answers
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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/...
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2 votes
0 answers
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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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2 votes
2 answers
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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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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 ...
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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.
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1 vote
2 answers
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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 ...
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1 vote
1 answer
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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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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 ...
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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?
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1 vote
1 answer
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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?...
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1 vote
1 answer
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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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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 ...
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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 ...
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1 vote
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 ...
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1 vote
1 answer
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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 ...
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1 vote
1 answer
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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 ...
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1 vote
1 answer
996 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
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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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1 vote
1 answer
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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 ...
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1 vote
1 answer
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 ...
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Rule 131 Antedating for a National Stage application

For the given circumstances: Reference filed on Jan. 1, 2010. PCT Application filed on Feb. 1, 2010. US National Stage claiming priority to the PCT Application filed on Mar. 1, 2010. Reference was ...
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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. ...
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1 vote
1 answer
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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 ...
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