How to choose patent foreign countries

Choosing patent foreign countries A US patent provides a patent owner with rights only in the US. That might be enough for patent owners who do not care about sales or manufacturing of infringing products done in foreign countries. But, what if you do care about infringing activity happening abroad? You will need to file […]

Read More

What is a PCT prior art search report (written opinion)?

What is a PCT prior art search report? Patent examiners review PCT applications in the same way that the USPTO examines utility nonprovisional patent applications. In particular, examiners review PCT claims by searching for relevant prior art to determine novelty, nonobviousness and usefulness (utility). The examiner will then summarize findings in a PCT prior art […]

Read More

How to Extend the PCT National Stage Deadline

Is it possible to extend the PCT national stage deadline? Depending upon the country, the deadline for entering the national phase of a PCT application will be either 30 months (e.g., US) or 31 months from the priority date. Two and a half years may seem like a long time, but the national stage deadline […]

Read More

What is a utility model?

What is the difference between a utility model and a utility patent? A utility model is a type of instant intellectual property right that is somewhat similar to a utility patent. While it is unavailable in the US, this alternative patent right is offered in many countries outside the US. This option would only help […]

Read More

First file PCT or US? Which patent application to file first?

Should you file PCT or US patent application first? US applicants seeking patents worldwide will often consider filing both a US nonprovisional patent application and international PCT application. The questions is: Which application should be filed first, or should both patent applications be filed simultaneously? Let’s consider patent strategies for filing US first, PCT first […]

Read More

How much do foreign patents cost?

Foreign patent costs Foreign patent costs are high. If we’re talking about utility patents, expect about $2,000 to $6,000 for the initial filing in each country. That’s just the beginning of the international patent process. There will be ongoing costs in prosecuting each utility patent application in each country, although there are strategies to streamline […]

Read More

Brazil Patent Law: Judicial Patent Invalidation

Guest post by Ana Paula BritoPartner at Montaury Pimenta, Machado & Vieira de Mello Brazil Patent Invalidation In a recent court decision in Brazil, involving the questioning of the grant of a Utility Model for silicone implants, the Federal Court of Rio de Janeiro invalidated the referred Patent MU 8600958-3 (silicone prosthesis known for its […]

Read More

EU and UK IP law: How will Brexit affect IP rights?

Guest post by Amelia Skeldingat Keltie How will Brexit affect UK IP rights? The UK is currently due to leave the EU on October 31, 2019, subject to an extension. The UK’s departure from the EU will have an effect on various UK IP rights, as outlined below. Exit Day The exact ‘Exit Day’ date […]

Read More