PCT Bypass: Another way to enter US?

Is national stage the only way a PCT application can enter the US? No, an alternative option to enter the US from a PCT application is called a bypass application. A bypass application is filed as a US continuing application claiming domestic priority to the PCT application as if it were a US parent nonprovisional […]

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What is a PCT patent search of prior art?

Will you get a prior art search in your PCT patent application? Yes, a prior art patent search is typically made in each PCT application. The results of this PCT international search are summarized in an initial document called an International Search Report (ISR). This first prior art search, also known as the “main international […]

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China PCT Applicants: What to Know About US National Stage Entry

China PCT application entering US national phase Chinese PCT applicants entering the US national stage should understand a few important rules enforced by the USPTO. PCT applications originating from China are usually written in Mandarin which can create issues with the English translation. US National Stage Deadline The US has a 30-month national stage deadline. […]

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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 Phase Common Mistakes: How to avoid

Recognizing and Avoiding US National Phase Common Mistakes PCT applicants entering the US national phase will benefit by understanding specific USPTO requirements and rules that may seem foreign or inconsistent with their local patent office rules. This is a brief list of common mistakes associated with filing US national stage applications. By recognizing these pitfalls […]

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US National Stage Entry Based on PCT Application: What to Know

US National Stage Application: The Basics For most applicants outside the US, the US is one of the top national phase PCT countries to be considered. This is practical guideline to help non-US applicants prepare for national stage entry into the US. Let’s begin with the basics of filing a national stage application with the […]

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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 foreign filing deadlines for patent applications?

For design patent applications, the foreign filing deadline is 6 months from the priority date. For utility patent applications, the foreign filing deadline is 1 year from the priority date.  A PCT application extends the foreign filing deadline by an additional 18 months for a total of 30 months from the priority date.  Of course, any patent […]

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What is a PCT application?

What is a PCT application? PCT stands for Patent Cooperation Treaty, an internationally recognized system for initiating worldwide utility patent coverage with a single filing. Under the PCT, an applicant can file a single international patent application with a qualified Receiving Office (such as the USPTO) and designate multiple member PCT countries for coverage. A PCT […]

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