5
votes
Patent. What is the paris convention What are the principal features of the paris convention?
A brief answer is that the Paris Convention was an international agreement (dating back to the late 1800's) wherein participating countries respect the priority date of patents (and some other forms ...
- 121
5
votes
Do you have to amend claims lacking novelty or an inventive step
Since you mention Articles 33(2) and (3) PCT, I assume that you requested International Preliminary Examination, and that the Examiner who drafted the International Preliminary Examination Report (...
- 156
4
votes
Accepted
Are International Search Reports/Written Opinions useful?
In my experience, the value of an ISR depends partially on the International Searching Authority (ISA) and partially on the style of the claims. Many applicants choose to file broad-scope claims at ...
- 1,292
4
votes
Can a PCT application, filed with piority, be withdrawn and refiled, and retain the original, now lapsed, priority?
Unfortunately, you won't be able to file a new application and still claim priority to the provisional application now that the 12 month priority period has lapsed.
However, it is worth noting that ...
- 41
4
votes
Accepted
Strategies for minimizing early cost while maximizing future options with PCT application?
The international phase
There's no requirement to respond to the ISR or written opinion. While you are provided with the opportunity to file article 19 or 34 amendments and provide arguments, and ...
- 6,178
4
votes
Accepted
How long it would take for PCT to publish the application if I request early publication?
Just got a detailed reply from PCT via email. Quite honestly, I didn't expect such a detailed mail from PCT.
I hope someone will find this info useful.
In order to submit an online request to the ...
- 373
4
votes
PCT application: published vs. granted
I'm not really qualified to answer, but my understanding is that patents are granted country by country. It is not unlikely that a PCT will be granted is some countries and not others. Something as ...
- 10.8k
3
votes
When do provisional rights arise for a PCT application?
Can retrospective damages can be sought in states designated by a PCT application before a national phase application is granted?
It depends on the country, as this is not the subject of any ...
- 6,178
3
votes
patent life of a PCT application and royality thereof
I agree with chempatent1981's answer on the expiry. I shall therefore focus on the when damages might be due.
You have used the term "royalty period". However, as far as I know, that is not really a ...
- 6,178
3
votes
PCT Application
The PCT Applicant's Guide (National Phase) is the resource you are looking for. It contains a detailed guide on the WIPO Rules and Articles from the Applicant's perspective, and covers the time limits ...
- 312
3
votes
How to apply for a patent in the US/EU?
Assumption: A technology based patent application will be submitted to United States Patent and Trademark office (USPTO).
You need first investigate prior art. Essentially you have to validate if ...
3
votes
Accepted
Is there any consequences if I don't amend claims properly before the PCT deadline?
The reason why you may want amend your claims pursuant to Art. 19 PCT is to better define your claimed scope for the purpose of provisional protection conferred by the PCT application (in those ...
- 2,274
3
votes
Accepted
Can I remove some part of the specification and drawings when entering the EPO?
Worse, whomever the ISA is will only search one inventive concept. To get all ten searched you will pay (if the EPO is your ISA) $1950 per each inventive concept. And at the regional stage in the EPO, ...
- 28.5k
3
votes
Accepted
What are the advantages and disadvantages (if any) of requesting an early publication?
Requesting early publication is not very common, I'd say it is a strategical move above anything.
There are two advantages that I can think of. One is the evident one, making your patent application ...
- 2,274
3
votes
Should I abandon a PCT application if the results of the international search report (ISR) are negative?
You have the possibility of getting a more positive opinion by requesting PCT Chapter II, also known as International Preliminary Examination, which is subject to payment to fees. You can choose any ...
- 2,274
3
votes
Is it worth to submit informal comments on the written opinion of the International Searching Authority?
My personal experience is that informal comments have never improved our position in any way. In the national/regional phases, the same objections have been raised by the same patent office acting as ...
- 2,274
3
votes
Accepted
Utility vs Design Patent as fast mean to secure IP rights
A US design patent is less expensive and much quicker than a typical US utility patent. The European counterpart (Community Design Registration) is easier and faster and with no examination. However ...
- 28.5k
2
votes
WO and PCT patents do they have different jurisdictions?
"WO" is the two letter country code for PCT applications. As for patents in other territories, an application is first given an application number and then a separate publication number. In fact, ...
- 81
2
votes
Accepted
Deciding to apply for PCT or USPTO
Once you apply for your first US patent application (whether provisional or nonprovisional), you have 12 months to file a PCT application claiming priority to the original US filing. This means your ...
- 6,178
2
votes
Accepted
Number of claims in PCT application
Amending the claims during the PCT process
There are a couple of opportunities during the PCT process to adjust the claims, so you don't necessarily have to have your claims perfect when you file the ...
- 6,178
2
votes
patent life of a PCT application and royality thereof
a. The US filing date is the PCT filing date. You can find this stated clearly in this useful web page http://www.bpmlegal.com/howtoterm.html (1st asterisk). 20 year life time starts from the filing ...
- 1,292
2
votes
Accepted
Can you claim internal priority with the PCT?
As you have found, the patent laws of Germany, Japan and Korea provide that a later-filed international application that claims priority of an earlier filed national application has the effect of ...
- 28.5k
2
votes
Accepted
Filing with PCT first before any national application
If the first application you file is a PCT application its filing date will be the priority date for everything that flows from the PCT filing. You can take advantage of that priority by entering ...
- 28.5k
2
votes
WIPO patent filing vs US patent?
The answer is money. The single WIPO/PCT application (that, itself, costs more than a U.S. application) just starts an application in 140 some countries. To actually proceed in each location costs ...
- 28.5k
2
votes
If I file a provisional patent application, could someone else file a PCT application for the same invention during the first 12 months?
My question is: if I file a provisional patent application in the USA, what's stopping someone from scooping it up and going international before I'm able to file a PCT? If so, in the first 12 months ...
- 76
2
votes
Accepted
Is 12-month Paris Convention priority claim deadline extendable?
In a nutshell, NO, the 12 month priority period is non-extendable. BUT... in legal stuff there is almost always an available remedy for time limits. This is only for rare and extreme cases though.
...
- 1,292
2
votes
publish date vs priority date in pct countries for novelty purposes
In every country, prior art must be published (that is, available to the public). An expired provisional patent application which has not been used for priority is not available to the public: that is,...
- 6,178
2
votes
Strategies for minimizing early cost while maximizing future options with PCT application?
Note that after filing the PCT, you won't really need to do anything until December 1, 2019 (30 months after the PCT app priority date), at which point you will incur costs going into the various ...
- 866
Only top scored, non community-wiki answers of a minimum length are eligible