A PCT application extends the deadline for filing utility patent applications in both the US and foreign countries. That extended due date, called the national stage deadline, is either 30 months or 31 months from the earliest filing date known as the priority date. By this extended filing de...
What if it is too late to extend the PCT national stage deadline? Since the option to extend the national stage deadline must be made before the 30-month deadline from the original priority date, what late national stage options are available for a PCT application that has already passed ...
This stage is called InternationalPreliminaryExamination, because no decision is made by an examiner as to whether or not a patent should be granted. That is left to the examining authority of each country in which you seek protection during the National Phase. ...
Atranslationofthespecificationintothelocallanguagemayalsoberequired.Whilstanumber ofcountriesallowashortperiodafterthelocal30or31monthdeadlineforfilingthis,some othersdonotandthisneedstobetakenintoaccountwhendecidingwhenandwhereto proceed.Costsatthisstagewouldlikelynotbedissimilarfromthoseofordinarilyfilednational ...
The deadline for filing the national stage requirements under PCT Article 39(a) is30 months from the priority date, but any national law may fix time limits which expire later than the time limit provided in PCT Article 39(a). How much does a PCT patent cost?
If you saw the trap, take a bow. If not, read on. When the National Stage applications are filed and prosecuted our inventor learns to his or her dismay that their U.S. Patent which issued in April 2009 is prior art! That really takes in the wind out of the sails of the foreign ...
third year annuity: only due at this stage if more than two years has passed since the PCT filing date, eg if no priority is claimed or if the PCT was filed shortly after the priority application. In the majority of cases, however, this fee is not due at the point of entry to the...
If you wish to request the use of the examination results of an earlier national application, please submit the following information at the earliest possible stage before the start of the international search: (1) Request for examination of the earlier national application and (2) Withdrawal of ...
To cover Europe, you can file a PCT application and then file a national stage application with the European Patent Office (EPO). Note that you do not need to file individual national stage applications in each desired European country. A single national stage application filed with the EPO wo...
Korean applicants can use the earlier favorable claim ruling in the US by filing a PPH request. Both the USPTO and KIPO have a reciprocal PPH program. The PPH request may be filed after the initial national stage filing up to anytime before substantive examination by the US patent examiner ...