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

How much does a US national stage application cost?

What is the cost of filing a US national stage application? A PCT application must be filed as a national stage application in the US in order to obtain a US patent. The initial filing cost of a US national stage application depends on the attorney’s fee and USPTO fees. USPTO fees are straightforward if […]

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 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 […]

Read More

US National Stage Entry Based on PCT Application: What to Know

US National Stage Application: The Basics For most applicants outside the US, the US is one of the top national phase PCT countries to be considered. This is practical guideline to help non-US applicants prepare for national stage entry into the US. Let’s begin with the basics of filing a national stage application with the […]

Read More

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 […]

Read More

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 […]

Read More

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, […]

Read More

What is a PCT application?

What is a PCT application? PCT stands for Patent Cooperation Treaty, an internationally recognized system for initiating worldwide utility patent coverage with a single filing. Under the PCT, an applicant can file a single international patent application with a qualified Receiving Office (such as the USPTO) and designate multiple member PCT countries for coverage. A PCT […]

Read More