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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 ...
Patentassociate's user avatar
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 (...
Extraneous's user avatar
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 ...
Maca's user avatar
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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Can a PCT application, filed with piority, be withdrawn and refiled, and retain the original, now lapsed, priority?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 ...
Sean's user avatar
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4 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 ...
chempatent1981's user avatar
4 votes
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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 ...
PrivateUser's user avatar
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 ...
Eric S's user avatar
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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 ...
Maca's user avatar
  • 6,188
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 ...
Maca's user avatar
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3 votes
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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 ...
the Europeist's user avatar
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, ...
George White's user avatar
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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 ...
the Europeist's user avatar
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 ...
the Europeist's user avatar
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 ...
the Europeist's user avatar
3 votes
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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 ...
George White's user avatar
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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 ...
Maca's user avatar
  • 6,188
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 ...
chempatent1981's user avatar
2 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 ...
George White's user avatar
  • 29.2k
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 ...
George White's user avatar
  • 29.2k
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 ...
George White's user avatar
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2 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. ...
chempatent1981's user avatar
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 ...
peanuts's user avatar
  • 76
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,...
Maca's user avatar
  • 6,188
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 ...
user132162's user avatar
2 votes

UK patent, early publication risk for PCT?

Good answers here are expected to be longer than one word. In this case the answer is the one word no.
George White's user avatar
  • 29.2k
2 votes

to patent world wide or is one country good enough?

How much time do I have to file the same patent in other countries? You have exactly one year from the date of first filing (provisional or non-provisional) for exercising option for filing in other ...
AD Adhikary's user avatar
  • 1,072
2 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 ...
Yan Li's user avatar
  • 121

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