New answers tagged pct
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In your example, you cannot claim priority from the PCT in your US non-provisional because the PCT does not predate the US non-provisional. The only way you would be able to claim priority from the PCT is by filing a subsequent US non-provisional within the applicable priority year. Accordingly, if the subject-matter of all the claims of the PCT was ...
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The U.S., the EPO and other locations offer provisional rights related to the publication of patent applications. The rights vary, but the idea is that you can potentially recover royalties from others who make, sell, use, etc. in a way that infringe the claims you eventually get in an issued patent, the royalties essentially back-dated to the time of your ...
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You can know for sure that not only the Chinese patents and patent applications coming from the PCT Route are included in Google Patents because:
The Chinese document coverage in Google Patents includes patent documents from 1985 and 1990.
China became a PCT Contracting State in January 1994.
Only international applications with a filing date on or after ...
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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 PCT application in the US. You could claim priority to the PCT application, too, but in Europe that would be only valid for the new matter introduced there. I ...
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Wikipeadia says that google patents covers the following but I would not assume that the coverage is 100% complete in any dimension.
United States Patent and Trademark Office (USPTO),
European Patent Office (EPO),
China's National Intellectual Property Administration (CNIPA),
Japan Patent Office (JPO),
Korean Intellectual Property Office (KIPO),
World ...
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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 national states where provisional protection exists, e.g. many European countries. )
These amended claims will be published together with the international ...
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Note - If you are not in the U.S. you need to file the PCT application either with the IB in Geneva or with your local patent office, not with the USPTO.
Specifically regarding the 100 claims in the PCT application. You might want to do something to keep the 80 that are not in the U.S. application from being considered "new matter" if you ever wanted to ...
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Whether you have to claim priority in the PCT application from the US non-provisional depends on two factors:
Does the US non-provisional disclose subject-matter not contained in the two US provisional applications?
Will the US non-provisional be filed before the PCT application (i.e. will it have an earlier filing date)?
If the answer to the first is NO, ...
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