Isaac
Senior Member
Posts: 3472
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Re: My rights in Europe after filling PPA
« Reply #6 on: Nov 1st, 2007, 6:24am » |
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on Oct 31st, 2007, 11:19pm, Agent_Orange wrote:Understood.
Yeah, to answer the OP's question directly, all I was saying is that the US must be designated. |
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Absolutely. If you go the international route, designating the US and publishing in English would be a must under the strategy I suggest. If you do that within 12 months, you shouldn't have a problem after the PPA expires because you can still enter the US during the national phase on the regular schedule.
There may be some countries out there that wouldn't allow claiming priority to a US provisional application even with claims, but I don't know of any.
At one time it was believed that some countries would not recognize a priority claim to a provisional because a provisional had no chance of every becoming a patent. In response, the US added a procedure for converting a provisional to a non-provisional. The mere existence of this converting procedure was enough to resolve the issue in some countries. You don't actually need to use it.
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