What is an International Search Authority? An International Search Authority (ISA) is a patent office that you choose to search for prior art relevant to your PCT application. The ISA will provide an International Search Report (ISR) detailing the results of their prior art search, which typically includes a list of prior art references and […]
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 […]
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 […]
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, […]
Can an Assignee also be identified as an Applicant in a US national phase application? Yes, if the earliest filing date of the US national phase application is after September 16, 2012 (post patent reform/AIA). For a fuller discussion of patent applicant vs. assignee, see here.
What is a PCT application? A Patent Cooperation Treaty application is a single utility patent filing that gives you international patent-pending status. By itself, the PCT application does not automatically give you foreign patent rights. You must ultimately follow through with filing individual patent applications in desired countries at a later time called the national […]