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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 ...
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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 (...
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5 votes
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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 ...
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5 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Can a PCT application, filed with piority, be withdrawn and refiled, and retain the original, now lapsed, priority?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 ...
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4 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 ...
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4 votes
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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 ...
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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 ...
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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 ...
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  • 7,033
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 ...
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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 ...
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  • 312
3 votes
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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. ...
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3 votes
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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 ...
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3 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,...
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  • 7,033
3 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 ...
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3 votes
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Am I getting a response for Rescission of Previous Nonpublication Request?

Thanks for all the comments. Answering my own question. I first called the number of the Pre-Grant Publication Division at (703)605-4283 according to the SB/36 form, but that number turned out already ...
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  • 141
3 votes
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Can one change claims when applying a national stage application using a PCT application?

Yes, the claims can be amended anytime before first office action. Also, One can reduce number of claims to reduce cost while demand for excess fee payment is pending. Ref 1 1893.01 (e) ...
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3 votes
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Can one claim priority from a PCT application after filing non-provisional?

No, there is absolutely no way to include anything new in any patent application anywhere, no matter what the reason is, once the application has been filed. Your best option is to nationalize the ...
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3 votes
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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, ...
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3 votes
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Is it possible to claim priority from two different applications?

Yes, it is possible. Art. 8(1) PCT: The international application may contain a declaration, as prescribed in the Regulations, claiming the priority of one or more earlier applications filed in or ...
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3 votes
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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 ...
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2 votes
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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?

Yes you can. You must file the PCT claiming priority to the US provisional's filing date within 12 months from the day you file the provisional. The same is true if you also want to file a US non-...
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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 ...
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  • 76
2 votes

PCT and Prior Art

Anything that happens the day after you file isn't prior to filing. It isn't prior art by definition. Your application will publish in 18 months for all to see, so you are asking what diffence would ...
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2 votes
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PCT and Prior Art

AFAIK, if you advertise after you file for patent, then it isnt prior art because it wasn't prior to your filing. The risk is that after you disclosure your invention, you can not add new element, ...
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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, ...
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2 votes
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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 ...
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2 votes
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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 ...
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2 votes
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Cheapest way to extend the time of provisional patent application

Looks like you did a fair amount of research. Great job -- individual inventors have it tough. You get 12 months from the earliest priority date to file a PCT and claim its benefit, thus, you have to ...
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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 ...
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2 votes
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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 ...
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