What US Applicants Need to Know about PCT Foreign National Stage Entry

How foreign national stage entries differ from US national stage Most foreign IP offices have a two-stage process for filing patent applications: Initial filing of application; Requesting examination. Unlike the USPTO, most foreign patent offices require a request for examination that is independent from the initial filing of the application. Depending upon the country, the […]

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US National Stage: Common Mistakes to Avoid

Avoiding Pitfalls When Entering the US National Stage This is a brief list of common mistakes associated with filing US national stage applications. Prior to entering the US national phase, PCT applicants may want to address these issues if possible to avoid further delay and costs. Title The following words should be avoided altogether in […]

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How to Amend PCT Application

Does Your PCT Application Require Any Amendments? Before delving into the complexities of filing amendments to a PCT application, the initial question to consider is whether an amendment is even necessary. For example, if you have a co-pending US application with claims that received a first action allowance, then PCT amendments might be unnecessary. Here […]

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How to Add New Matter to a PCT Application When Filing in the US

What is a bypass application? A PCT application that designates the US may be considered a pending US application from the international application filing date [see 35 USC 363]. Therefore, it is possible to file a PCT bypass application, which is basically a continuing application (e.g., continuation, divisional, CIP) based on such a pending US […]

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How to patent in Europe (EPO)

What is the EPO? EPO stands for European Patent Office/Organisation. It is one of the few patent offices in the world where an applicant can file a single application and designate multiple countries. This gives the applicant a more cost-effective way to prosecute a pending application without having to first decide which European countries to […]

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Which countries are not PCT members?

Since the PCT does not cover every country, applicants interested in foreign patent protection must keep in mind the non-extended 12-month deadline and individual filing requirement for the following non-PCT countries. As of the date of this post, the list of non-member countries include: Afghanistan Andorra Argentina Bahamas Bangladesh Bermuda Bhutan Bolivia Burundi Cape Verde East Timor […]

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What are the PCT deadlines for a Chapter II Demand and Article 19 and 34 Amendments?

Preliminary Review of Claims in PCT Application Every PCT application automatically receives a prior art search and a written opinion on the invention’s novelty, inventive step (non-obviousness) and industrial applicability. The International Search Report (ISR) and Written Opinion (WO) are typically established 16 months from the priority date (or 9 months from the PCT application filing […]

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Where can I find flat fee estimates for PCT national phase entries?

National stage entry cost estimates Entering the national stage of a PCT application can require a significant outlay of cash, depending upon the countries desired. Innovation Capital Law Group offers flat rate cost estimates for initial filings of PCT national stage entry in the most common PCT member countries. Factors affecting national phase costs PCT national […]

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What is PPH (Patent Prosecution Highway)?

What is PPH? PPH stands for Patent Prosecution Highway, which is a cooperative program between the USPTO and participating foreign patent offices to expedite the allowance of patent applications that previously received favorable rulings. Two key acronyms are helpful here: OEE refers to the Office of Earlier Examination and OLE refers to the Office of Later […]

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