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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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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Can you add new matter to a PCT application to be filed 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? Getting a utility patent in Europe a bit different than patenting in other foreign countries. A single utility patent application may be filed with the European Patent Office or EPO. The EPO is one of the few patent offices in the world where an applicant can file a single application and […]

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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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How much are flat fee estimates for PCT national phase entries?

National stage flat fee cost estimates A PCT application allows you to file your patent application in multiple countries. To do so, an applicant enters the national stage, or national phase, of each desired country by filing a copy of the PCT application. Filing these national stage applications can require a significant outlay of cash, […]

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What is PPH (Patent Prosecution Highway)?

What is PPH? PPH stands for Patent Prosecution Highway, a cooperative program between the USPTO and participating foreign patent offices to expedite the allowance of utility patent applications that previously received favorable rulings. In order to take advantage of this program, the US utility patent application must have a counterpart application with the same claims […]

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What is a PCT application?

What is a PCT application? A PCT application is a single utility patent filing that gives you international patent-pending status. By itself, a PCT application will not lead to foreign patents. An applicant must ultimately follow through with filing individual patent applications at a later time. Nonetheless, a PCT application is a useful streamlined way […]

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