Questions tagged [pct]

Questions related to The Patent Cooperation Treaty based applications.

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2answers
29 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/...
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1answer
25 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 ...
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1answer
39 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 ...
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1answer
18 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 ...
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1answer
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 ...
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1answer
28 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 ...
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1answer
21 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 ...
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1answer
39 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 ...
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1answer
20 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 ...
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0answers
33 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 ...
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1answer
48 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 ...
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1answer
47 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 ...
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1answer
293 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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1answer
40 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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0answers
31 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 ...
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2answers
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 ...
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1answer
34 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.
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2answers
33 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 ...
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2answers
121 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 ...
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1answer
23 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 ...
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2answers
55 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 ?...
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2answers
45 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 ...
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2answers
185 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 ...
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1answer
105 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 ...
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1answer
61 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 ...
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2answers
159 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, ...
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1answer
130 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 ...
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1answer
36 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 ...
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0answers
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 ...
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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 ...
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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 ...
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1answer
46 views

PCT International filing

Filing a patent application with USPTO, and the same day filing the same patent application internationally (PCT); does it entitle to a fast response? I've seen a case receiving the first Office ...
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1answer
65 views

Restrictions on PCT filing based on nationality and residence

I am a UK citizen resident in Finland, and I have recently filed a utility patent application with the USPTO (one month ago, in fact). Can I now file a PCT application with the UK Patent Office, ...
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2answers
229 views

Can text from a provisional application be added to a PCT application after the PCT application has been filed?

Can a text omission from a provisional application be considered as a new subject matter when submitted for amendment during the chapter 2 of the PCT application?
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2answers
74 views

Is PCT application content/format should be exactly as the field national application?

I am from Qatar and planning to file a patent application at national level, then a month later to file a PCT application for the same patent. I was told that the national level approval will take ...
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1answer
341 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 ...
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2answers
210 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 ...
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1answer
87 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 ...
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1answer
74 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?
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1answer
893 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. ...
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1answer
63 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, ...
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2answers
404 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 ...
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5answers
142 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?...
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1answer
41 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 ...
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2answers
75 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 ...
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1answer
352 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 ...
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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 ...
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1answer
323 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 ...
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0answers
357 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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2answers
145 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?