Questions tagged [pct]

Questions related to The Patent Cooperation Treaty based applications.

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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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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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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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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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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 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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2 votes
1 answer
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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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3 answers
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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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2 votes
0 answers
436 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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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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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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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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3 answers
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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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1 vote
1 answer
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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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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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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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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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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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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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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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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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4 votes
1 answer
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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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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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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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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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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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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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1 answer
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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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4 votes
1 answer
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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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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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USPTO nonprovisional application before national application

I want to apply for USPTO nonprovisional utility patent as a Turkish. How can I learn if US has any agreement between Turkish Patent Office (Turkey) in order to prevent international applications ...
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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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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
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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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4 votes
2 answers
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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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2 votes
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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3 votes
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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4 votes
1 answer
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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 votes
4 answers
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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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Which countries require a claim for using a PPA as priority date?

The book Patent It Yourself states: I recommend that your PPA contain at least one claim (to) prevent any challenge to your PPA by foreign patent offices for failure to claim the invention as of ...
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What is difference between PCT and EP and can they be disputed?

I need to know what these are exactly and if they are enforceable. Is there a way to know if the PCT has an expire date or how many times it's been filed and published? Or how to know if anyone has ...
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4 votes
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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3 votes
2 answers
128 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 ...
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the application in US through the PCT

We are filing the national stage application in US through the PCT. We have prepared the documents /Specification(in English) /Claims /Abstract /Drawings /ApplicationDataSheet /PrimaryAmendment /IDS /...
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2 answers
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PCT and Prior Art

Let's say I file for a PCT (or even a US/EU/China Patent) And then I advertise about my technology on my website, way before anything is granted (including details) Does this count as prior art and ...
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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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1 vote
1 answer
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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?...
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