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Most of the applications you are referring to are "PPH", Patent Prosecution Highway, cases. There are multiple ways to "get on the highway" but not every country lets an application get on the PPH based on positive action from any other country. The US has PPH in place with many countries. The idea is "work sharing" between patent offices but to assure ...


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Yes, you are correct. A provisional can be used for a priority claim in other countries within 1 year of the date of filing the provisional. Any disclosure (or seeking crowd funding) after the date of the provisional would not affect a later filed foreign application claiming priority to the provisional. However, one key proviso is that the provisional ...


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A question for the new post-AIA patent bar exam? No, Bob should not get a patent. Under the post-AIA, post March 15th 2013, section 102(a)(2) the fact that the filing date of John's preceded Bob's makes John's patent prior art to Bob's even though John's was not filed in the US but only because he later did file in the US getting priority from the German ...


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As I understood it, your question is if somebody could patent your invention in a non-US country after you showed it to them. I'll assume your non provisional is validly filed but not yet published. There are two risks. One, improvements. Everyone knowing about your invention can file patent applications for improvements. If there is no NDA or similar ...


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For the first part, after filing patent application in the patent office of own country one has to take permission to file patent in foreign country. If permitted, one has to get registered with private pair of USPTO (uspto.gov/pair) and then one can file application with USPTO on line from anywhere. For second part, international application can be filed ...


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Yes, by international treaty, all counties need to treat non-residents no different from anyone else in the world. The U.S. has a method to filing electronically via a web site EFS Web. Anyone in the world can file a national patent application in any other country.


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I want to Patent something in the USA,but i'm from Argentina. Could i Patent something in the USA if i'm not from the USA? Yes , You can patent your invention in USA. You have stated that you are from Argentina, Argentina is NON PCT country so you need to file directly through National phase. Could it be done Online sending digital documents? I ...


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In a case: 286 F. 3d 1326 - In Re John Kollar it was established that licensing the rights to a patent was not the same as selling a patented item. However, the issue was triggering of the "on sale" bar. The laws and regulation regarding "export regulations" are about exporting from the U.S. A technology transfer, patented or not from the U.S. is subject to ...


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The short answer is Yes. Patents are national rights. If there is no patent in the other country, there is no restriction on the product there. However, you could not import the product to a country (such as USA in this case)where there is a patent in force.


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Is the patent term 20 years in India too? Yes, the patent term is 20 years from filing date of non-provisional or PCT application. Any differences in claims language or the breadth of claims allowed? No much difference can be expected as most of the claims in US and IN are same. Are prophetic experiments allowed in place of actual experiments? if ...


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No, that's infringement. See 35 USC 271: (a) Except as otherwise provided in this title, whoever without authority makes, uses, offers to sell, or sells any patented invention, within the United States or imports into the United States any patented invention during the term of the patent therefor, infringes the patent. (b) Whoever actively induces ...


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Yes. A US patent is only valid in places where US law is applicable. You could freely make a device in another country where there was no patent on the device (assuming there is no other legal barrier), but would not be able to sell it in, or import it to, the US.


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Yes, it will most likely affect you. Most other countries worth the trouble and cost of obtaining a patent in have laws in place that ban patents that are either directly disclosed or made obvious by prior art in any place. Remember, the PCT (patent cooperation treaty) is joined by many larger nations, and they are bringing their laws more into accord with ...


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YES it will affect your application. In what extent is matter of analysis and claims you are filing. NO Patent :- If the subject matter was published in any publicly accessible document anywhere in the world (journal; patent; patent application; news etc.) prior to the patent applicant filing. NO Patent :- If subject matter was publicly known in united ...


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Patents do not infringe patents. To infringe a patent someone needs to actually make, sell, use or import something that falls under the wording of a claim in a patent that was issued by the country the making, selling, using or importing occurs. If you do not have a German patent then, by definition, no actions in Germany can be an infringement on your ...


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Design patents just cover the ornamental aspects of a product, not the functional aspects. Many locations including the EU do not have an exact equivalent of a U.S. design patent. Instead they have systems for the protection of "industrial designs" that are often completely separate from their patent system . In Europe this is handled by the OHIM (an agency ...


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