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 […]

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How to Postpone PCT National Stage Deadlines

When is 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 can creep up […]

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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 utility patent protection offered in many countries outside the US. Since they are not available in the US, this option would only help IP owners concerned about international patent protection. By applying for a utility […]

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What is the Collaborative Search Pilot Program (CSP)?

What is CSP? Typically, most folks applying for utility patents desire the path of least resistance, meaning fewer rejections and less prior art cited. So, why would an applicant want an international team of patent examiners to gang up and search prior art in their respective countries? That is what the Collaborative Search Pilot Program […]

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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 […]

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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 […]

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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 […]

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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 […]

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Latin America Patent Law: What is the Problem and Solution Approach?

Guest post by Carlota VergasEuropean Patent Attorney at Balder IP Patent laws in Latin American countries The Patent Laws in Latin American countries establish the common requirements for considering an invention to be patentable. Therefore, for an invention to be patentable it shall be industrially applicable, novel, and non-obvious, that is to say, the invention […]

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