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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China patent law: Are treatments for diseases patentable?

Guest post by Tracy Che China patent agent at Beijing ZBSD Patent & Trademark Agent Ltd. Patent eligibility of the diagnosis or treatment of diseases in China Generally, methods for the diagnosis or treatment of diseases are not patent eligible in China, as stipulated in item (3) Article 25.1 Patent Law of PRC. For humane and […]

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Patenting software and business methods in Japan

Guest post by Aki Ryuka Japan Patent Attorney and founder of Ryuka IP Law Firm Japan IP High Court Says, Steak Providing System is Patent Eligible In Re. Pepper Food Service (Oct. 17, 2018) Claim 1: A system for providing a steak by guiding a customer to a standing table, hearing a weight of a […]

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How can you save money on international patent costs?

How much does an international utility patent application cost? International patent costs can escalate quickly. When pursuing utility patents in foreign countries, you cannot ignore the cost factor. Simply put, foreign utility patents cost a lot, i.e., much more than you want to spend. You have to deal with not only the foreign patent office, […]

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

From China PCT to US national stage Chinese companies filing US national stage applications through their PCT applications need to be aware of a few important rules of US patent practice. Understanding certain US patent rules upfront can facilitate a smoother US national phase patent filing. Here are key details for China PCT applicants filing […]

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PCT national phase entry into foreign countries: What to know

What is the PCT national phase? A PCT application extends the deadline for filing utility patent applications in both the US and foreign countries. That extended due date, called the national stage deadline, is either 30 months or 31 months from the earliest filing date known as the priority date. By this extended filing deadline, […]

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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 US national phase mistakes you’ll want to avoid when you are ready […]

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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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