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   Author  Topic: Damages Question  (Read 686 times)
Linda M.
Damages Question
« on: Nov 26th, 2006, 5:51pm »
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I was learning about provisional rights the other day.   Can these apply to publication of a PCT application or is that an entirely different situation?   If not, what purpose does the PCT publication serve?   Is PCT just a way for an application to be examined and other countries give it credence, then do thier own search?
IP Logged
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Re: Damages Question
« Reply #1 on: Nov 26th, 2006, 6:18pm »
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Under US law provisional rights only apply to publication of the US patent application; not to any PCT publication.
Note that if a non-provisional US national application is filed, followed by a PCT application claiming priority to the US application, the PCT application and the US application will normally publish at about the same time.
The main value of a PCT application is that it allows the applicant to delay the decision and expense involved in filing abroad.
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Richard Tanzer
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