From PCT to US National Stage: How to get the initial filing right

Before filing a US national stage patent application A PCT application provides several benefits beyond merely delaying the costs of filing individual national stage applications in desired countries. By taking advantage of these optional strategies while the PCT application is pending, an applicant can place their patent application in a more strategically effective position for […]

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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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PCT Bypass: Another way to enter US?

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 […]

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What is a PCT patent search of prior art?

Will you get a prior art search in your PCT patent application? Yes, a prior art patent search is typically made in each PCT application. The results of this PCT international search are summarized in an initial document called an International Search Report (ISR). This first prior art search, also known as the “main international […]

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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 to facilitate a smoother US patent process. PCT applications originating in China are originally written in Mandarin and then translated into English. US National Stage Deadline The US […]

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What US Applicants Need to Know about PCT Foreign National Stage Entry

PCT foreign national stages 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, a PCT […]

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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 mistakes associated with filing US national stage applications. By recognizing these pitfalls […]

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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 […]

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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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